NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-23121
Joseph A. Sickles, Referee
(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-8872)
that:
(1) Carrier violated the Agreement when it suspended Mrs. Betty G.
Yates from the service of the Carrier for thirty (30) calendar days effective
March 10, 1977 for failing to perform all duties of the assignments she relieved
between January 3 and January 28, 1977.
(2) Carrier now be required to pay Claimant Betty G. Yates five (5)
days per week, at the rate of Operator-IBM Clerk, Columbus, Mississippi, during
the period she was suspended as a result of investigation held February 24, 1977.
(3) Carrier now be required to clear Claimant's record of all charges
leading to the thirty (30) days'
suspension from
the service of the Carrier.
OPINION OF BOARD: The Claimant was notified of an investigation concerning an
allegation that she failed to perform certain duties during
January of 1977.
Subsequent to the investigation, the Claimant was suspended for thirty (30)
calendar days.
We have considered the record in detail, including the assertions that
the Claimant failed to post cars received from another carrier, charges that she
failed to correct certain cars, mishandling, etc.
In addition, we have considered the Claimant's assertions concerning
the propriety of the findings. In the final analysis, we are convinced that the
Carrier was justified in taking disciplinary action against this employe, based
upon the evidence adduced. However, even in consideration of the employe's record,
we are of the view that a thirty (30) calendar day suspension was arbitrary and
capricious, and should be reduced. It is our judgment that a ten (10) calendar
day suspension is appropriate.
Award Number 23161
Docket Number CL-23121 Page 2
We have noted that the Claimant has only suffered an " ..actual loss
of time... of...five days." Our review of the record fails to disclose to us
which five (5) days may have been involved. Thus, we affirm the first ten (10)
calendar days as the period of the disciplinary action, and whatever of the
five (5) days that she may have lost during the final twenty (20) calendar days
of the suspension are the days that shall be restored to her.
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 in accordance with the Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST;
a&
P
Executive Secretary
Dated at Chicago, Illinois, this 30th clay of January
1981.