NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22701
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Illinois Central Gulf Railroad
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-8639) that:
(a) Carrier violated the Agreement when it suspended and disqualified Mrs. Joan McClure from the ser
calendar days, commencing 4:30 P.M., January 22, 1976, for failing to
supply Form 1703, Report of Ballast received on the Missouri Division,
and Form 1116, Report of Ballast unloaded on the Missouri Division, to
the office of Engineer, Maintenance of Way, Chicago, Illinois
(b) Carrier now be required to pay Claimant Joan McClure for
all time lost as a result of suspension from the service of the Carrier
for thirty (30) calendar days.
(c) Carrier now be required to lift the disqualification of
Claimant Joan McClure from the position of Secretary to the Division
Engineer, Position No. 104K.
OPINION OF BOARD: Claimant was a secretary to Carrier's Division Engineer
at Bloomington, Illinois. On January 6, 1976 she
was charged with four counts of failing to perform certain duties assigned
to her position. An investigation was held on January 16, 1976 at which
the charges against Claimant were extensively reviewed. Claimant was
represented at the investigation by two union officials. Testimony was
given and evidence offered in Claimant's defense. After the investigation
was concluded, Claimant was disqualified from her position as secretary to
the Division Engineer and additionally given a thirty-day suspension from
service.
We have carefully reviewed the transcript of the investigation
as well as the entire record submitted by the parties. Our review fails
to find that any of Claimant's substantive procedural rights were violated.
Award Number 22712 Page 2
_ Docket Number CL-22701
We also find that there is adequate testimony in the record to demonstrate
that Claimant did not properly perform the duties of the position to which
assigned. There is no question that the Claimant failed to submit certain
required reports for approximately eight months. Upon learning of this
failure, two supervisors from the Carrier's Chicago office travelled to
Claimant's work location specifically for the purpose of helping her complete
the delinquent reports and instructing her in their preparation in the future.
Less than two months later the reports were again delinquent. Such conduct
requires correction.
Carrier disqualified Claimant from her position. Carrier also
suspended Claimant from service for a thirty-day period. The disqualification from service presumabl
time of disqualification Claimant lacked the fitness and ability to perform
the work of her position. Under the circumstances of this case and the
record made at the investigation, this would be an appropriate discipline.
The thirty-day suspension is another matter, especially when it is coupled
with the disqualification. Under the circumstances of this case, we are
inclined to view the thirty-day suspension as excessive. We will order
that the suspension be set aside and Claimant be paid for wage losses
sustained during that time less appropriate deductions for outside earnings
as provided in the parties' agreement.
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 discipline was excessive.
A W A R D
Claim sustained to the extent indicated in the Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST;
Executive Secretary
Dated at Chicago. Illinois. this 11th day of January 1980.