NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-21994
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Southern Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
GL-8315, that:
"(a) Carrier violated the Agreement at Knoxville, Tennessee,
when it suspended Extra Board Clerk, Mr. G. D. Stair from service
beginning September 25 and ending October 24, 1974 account calling
Mr. B. 0. Glandon an unqualified engineer for the Bulls Gap, Tennessee
to Asheville, North Carolina run on Saturday, September 21, 1974.
(b) Carrier shall be required to compensate Mr. Stair for
all time lost September 25 through October 24, 1974."
OPINION OF BOARD: Claimant holds seniority date of December 26, 1971
on the Knoxville District agent-operators'and
clerks'seniority roster. On September 20-21, 1974 ,he was working off
the clerks'extra board protecting a third trick crew caller's position,
11:00 P.M. to 7:00 A.M. At about 6:00 A.M. he was instructed to call
an engineer with radio qualifications for a through freight, Bulls Gap,
Tennessee to Asheville, North Carolina. He called one B. 0. Glandcn,
an engineer who had radio qualifications but who was not qualified for
the Bulls Gap to Asheville territory. Printed instructions noting
that Glandon should not be used on that run were under the glass on
Claimant's desk but he apparently did not notice them. Engineer
Glandon accepted the call even though he knew he was not qualified,
thereby compounding Claimant's mistake. En route between Bulls Gap
and Asheville the train separated, apparently due to the inexperienced
handling of Engineer Glandon.
Claimant was called before a formal investigative hearing
following which he was suspended for thirty (30) days for failure to
follow instructions in calling out Engineer Glandon. For the record,
it is noted that Glandon also was brought up on charges as a result of
the incident and likewise suspended without pay for 30 days.
Award Number 22173 Page 2
Docket Number CL-21994
We have reviewed the record and find that Claimant was
accorded all of the due process to which the Agreement entitled him.
The record more than supports Carrier's finding that he did not
follow properly conveyed instructions, i.e., that he was negligent
in the performance of his duties. It is true, but basically
irrelevant to Claimant's culpability, that the engineer compounded
Claimant's error by failing to inform Claimant that he was not
qualified. See Awards 13643, 15978, 17269, 17761, 19433, 20557 and
20954.
The only question before us is whether the discipline
imposed is so disproportionate to the offense committed that it can
fairly be termed arbitrary, unreasonable or capricious. Negligence
of the type involved in this case is not de minimis. The consequences
in probable damage to property and danger to lives if unqualified
operating employes are called to handle massive and powerful
equipment over unfamiliar territory are too apparent to require
elaboration. The purpose of discipline in such cases is not
necessarily punitive but deterrent to insure that employes like
Claimant will exert every effort in the future to avoid any recurrence.
We cannot say that the 30-day suspension is unreasonable in light
of Carrier's broad discretion under established precedent to assess
discipline, even though the quantum might be greater than we would
have applied in the first instance. Awards 21058, 20034, 14601,
14272, e-t
al.
The claim must be denied.
FINDINGS: The Third Division of the Adjustment Board, after giving the
parties to this dispute due notice of hearing thereon, and
upon the whole record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute
are respectively Carrier and Employes within the meaning of the Railway
Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
That the Agreement was not violated.
Award Number 22173 Page 3
Docket Number CL-21994
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
44.
IV,
&d&tr=e
Executive Secretary
Dated at Chicago, Illinois, this 31st day of August 197$.