NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22419
Robert A. Franden, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(The Western Pacific Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-8505) that:
1. The Western Pacific Railroad Company violated the
Rules of the Clerks' Agreement when it arbitrarily and capriciously
removed Mr. J. W. Graham from service on January 5, 1977, on
inadequate charges that were unproven and failed to return him to
service until March 15, 1977.
,
2. The,Western Pacific Railroad shall now be required to
compensate Mr. J. W. Graham for all time lost from and including
January 5, 1977, until and including March 15, 1977.
OPINION OF BOARD: Claimant was dismissed from the service of the
Carrier for violating Operating Rules 700, 706,
707 and 711 of The Western Pacific Railroad Company. Claimant was
later reinstated leaving him with a 68-day suspension which the
Organization alleges is excessive.
A special letter of instruction was issued on May 13, 1976
which provided that one Clerk Patton was not to be granted a leave
of absence without the approval of the agent on duty. It further
provided that a chief clerk or assistant clerk could grant a leave
of absence for sickness if an agent could not be contacted subject
to further instructions.
On November 24, 1976 Clerk Patton called in with a request
to lay off for personal business. The record reveals that when Clerk
Patton called in claimant attempted to contact the agent prior to
allowing Patton to lay off. When claimant was unable to contact the
agent or a trainmaster he allowed Patton to lay off. In that Clerk
Patton was not laying off due to sickness the claimant's actions
were counter to the special instructions letter of May 13, 1976.
Award Number
22467
Docket Number CL-22419
Page 2
As to the discipline assessed, we find that the facts of
the case mitigate against a harsh penalty. While the claimant's
actions were not in strict conformance with the instructions letter
the facts reveal that claimant attempted to comply with those
instructions and did not lay off Clerk Patton in a casual manner.
He attempted to contact the agent or trainmaster and then warned
Patton that he would be losing his holiday pay if he layed off.
Claimant was taking his duties seriously. We find the discipline
to be excessive and direct that claimant be compensated for all
time lost in excess of ten days.
FIILOINGS: The Third Division of the Adjustment Board, upon the whole
record and all the evidence, finds and holds:
That the parties waived oral hearing;
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 violated.
A W A R D
Claim sustained in accordance with the Opinion.
ATTEST: : /Z'~f
hi
NATIONAL RAILROAD ADJUSTMENT BOARD.
By Order of Third Division
Dated at Chicago, Illinois, this 31st day of July
1979.
