NATIONAL RAILROAD AGTUSTM&NT HOARD
THIRD DIVISION Docket Number
SO-23916
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Norfolk and Western Railway Company
STATMCKNT 0F CLAIM: "Claim of the General Committee of the Brotherhood of Rhiir
Signalmen on the Norfolk & Western Railway Company:
On behalf of Mr. D. J. Hatfield, who was dismissed far alleged
improper performance of duties during the week of January
29, 1979,
at Dunkirk,
NY, that he be reinstated to the position of Signal Maintainer,, Dnakirk, NY,
that he be paid for all tire lost account of being dismissed, and that he be
afforded all other rights and benefits provided for is agreements between the
company and the union."
OPINION OF BOARD: On February
9, 1979,
claimant, a signal maintainer for the
Carrier, was issued the following notice:
"You are hereby notified to report to the Conference
Room, Second Floor, Old Administration Building, foot of Wood
Street,, Bellevue,, Ohio at
9:30
AM, February 20,
1979
for a formal
investigation in connection with your improper performance of
duties at Dunkirk, N.Y. during the week of January
29, 1979
when you failed to provide switch point protection an two (2)
hand. operated main track switches
0
and also failed to provide
shunt fouling protection on one (1) hand operated switch as
required by Norfolk and Western Railway Signal and Comaaicatioa Rules in signal territory. First awa
was an Tuesday, February 6,
1979·
If you desire a representative or representatives and/or
witnesses present at this formal investigation please arrange
for their presence."
The investigation was postponed and castoenced on April 2,
1979.
However, it was recessed at the request of the General Chairman and concluded
on April 26,
1979.
A copy of the transcript of the rather length investigation
has been made s part of the record. We find that none of claimant's substantive
procedural rights was violated. The investigation was conducted in a fair and
impartial owner. On May
15, 1979,
claimant was notified of his dismissal from
the service.
Award Number
23527
Page 2
Docket Number
SG-23918
Without attempting to detail the evidence adduced at the investigation,, suffice it to say that
left the switches involved created a dangerous situation,, and was in violation
of the rules of Carrier. Severe discipline was warranted; however, the time
that claimant has been out of service should constitute sufficient discipline.
We will award that claimant be restored to service with saaiority
unimpaired# but without any compensation for time lost while out of the service.
The claimant should understand, however,, that the purpose of this Award is to
give his one last dance to become a reliable and dependable employe of the
Carrier., and that any further major infractions on his part, will result in
the permanent termination of his services.
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 Employee involved in this dispute are
respectively Carrier and Esployes 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 imposed was excessive.
A W A R D
Claim sustained in accordance with the (pinion.
UTIORAL RAILROAD ADJt19 BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago., Illinois, this 26th day of February
1982.