NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22355
Robert A. Franden, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(St. Louis-San Francisco Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-8502) that:
1. Carrier acted in an arbitrary, capricious and unjust manner
and violated the agreement between the parties when on June 13, 1977,
it dismissed Clerk, D. A. Eddington, from the service of the Carrier
for a period of sixty working days, commencing June 21, 1977, to and
including September 10, 1977.
2. In view of the foregoing arbitrary, capricious and unjust
action of the Carrier, it shall now be required to:
(a) Restore Clerk Eddington to service of the Carrier
with all seniority, vacation and other rights unimpaired.
(b) Pay Clerk Eddington for all time lost commencing
with June 21, 1977, and continuing until Clerk Eddington
is restored to service.
(c) Pay Clerk Eddington for any amount he incurred for
medical or surgical expenses for himself or dependents
to the extent that such payments could have been paid
by Travelers Insurance Company under Group Policy No.
GA-23000 and in the event of death of Clerk Eddington,
pay his estate the amount of life insurance provided for
under said policy. In addition, reimburse him for premium payments he may have made in the purchase
health, welfare and life insurance.
(d) Pay Clerk Eddington interest at the rate of 10% on
the aunt due under (b) above.
(e) Clear Clerk Eddington's record of all charges as
provided for in Rule 31 of the Clerks' Agreement.
Award Number
22577
Page 2
Docket Number CL-22355
OPINION OF BOARD: The Claimant was disciplined after being found
guilty of failing to properly notify an employe
that he had been displaced and failing to properly record the telephone
number of another employe, all in connection with his duties as a
crew caller. The claimant was suspended from the service of the
Carrier for sixty (60) days.
The record reveals that claimant admits that he did fail
to notify brakeman-switchman Nix that he had been displaced. The
claimant stated at the investigation that it was a mistake on his
part which occurred because the matter arose at a busy time of the
day. The record further reveals that when claimant wrote down
R. L. Gold's telephone number he wrote down a seven (7) as a nine (9)
in error.
Having found that the record supports the finding that the
claimant corrected the offenses charged the only other question to
be resolved is whether the discipline is excessive. On this point
we find for the claimant. A sixty-day suspension is clearly excessive
given the nature of the offenses. Claimant should be compensated for
all time lost in excess of thirty days.
FINDINGS: 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.
Award Number
22577
Page 3
Docket Number CL-22355
A W A R D
Claim sustained in accordance with this Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 30th day of October
1979.