NATIONAL RAILROAD ADJUSTMUT BOARD
THIRD DIVISION Docket Number CL-22814
Martin F. Scheinman, Referee
(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-8709) that:
Carrier violated the Agreement when it unjustly suspended
E. L. Miller, Agent-Operator, Harriman, Tennessee, from
the service of the Company, commencing November 7, 1977,
and ending November
13,
1977, a period of
7
days.
For this violation, the Carrier shall now compensate
Claimant Miller by paying him for all time lost as a
result of this unjust discipline."
OPINION OF BOARD: Claimant, E. L. Miller, after investigation, was
suspended for seven days for failing to properly
perform his duties as Agent-Operator in Harriman, Tennessee. The thrust
of the charge against Claimant is that he failed to properly set the remote
control signal in a stop position to hold L & N Extra 1549 South. L
3e N
Extra 1549 South struck Inspection Car No.
3528
on October l7th, 1977.
The Organization contends that Assistant Track Supervisor,
F. E. Roberts, caused the collision by taking more than the
35
to 40
minute time allocated to make his run. Therefore, it insists that
Claimant was not responsible for the accident and should be reimbursed
for the period of his unjust suspension.
An analysis of the record conclusively establishes that
Claimant is guilty of failing to properly perform his duties. That is,
the record indicates that Claimant is responsible for the collision.
Claimant was asked during the investigation whether he intended
to hold L & N Extra 1549, He responded,
"Yes sir. I wasn't intending to let him go
until I heard from him (Roberts). But I
forgot him" (emphasis added).
Award Humber 23019 page 2
Docket Number CL-22814
This statement clearly establishes that Claimant did, in
fact, intend to hold the train. The failure to do so was due to
Claimant's omission - he forgot about Roberts.
Clalaant's action was completely inappropriate and subjected
him to appropriate disciplinary action. Given the seriousness of the
proven offense, the imposition of a seven day suspension was not unreasonable, As such, we will deny
FINDINGS: The Third Division of the Adjustment Hoard, after giving
the parties to this dispute due notice of hearing thereon,
and upon the whole record and all the evidence, finds and bolds:
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 Hoard has jurisdiction
over the dispute involved herein; and
That the Agreement was not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJDSTINT HOARD
By Order of Third Division
ATTEST: /.G IUi
ive Secretary
Dated at Chicago, Illinois, this 17th day of October 1980.