1QATIONAI. RAILROAD ADJi)sM1T BOARD
THIRD DIVISION
Docket Number CL-23784
Rodney E. Dennis,, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
Freight Handlers, Express and Station Employee
PARTIES TO DISPUTE:
The Washington Terminal Company
STATBbD$1'B OF CLA>tI: Main of the System Committee of the Brotherhood
(Gtr9316) that:
(n) The Carrier violated the Rules Agreement.. effective July 1, 1972,
particularly Article 18, when it assessed discipline of dismissal (later reduced
to 57 day suspension) on Baggage Checker
Andrew
Nathan.
(b) Claimant Nathan's record be clL~red of the charges brought
against him and he be compensated for wage loss sustained in accordance with
the provisions of Article 18(e).
OPINION
OF
BOARDS Claimant Andrew Nathan, a baggage checker in the Union
Station, was dismissed from service foe allegedly striking
an unknown person. His dismissal was later reduced to a 57-day
suspension.
The reduction of penalty was a result of a hearing into the matter and Claimant's good past reco
reduced Claimant's penalty to time held out of service.
This Hoard has reviewed the record of this case sad has concluded
that a ;i7-day suspension that happens to coincide with the amount of tile held
out of tservice is arbitrary and is too severe s penalty in the given situation.
The Board thinks that Carrier could have made its point by assessing a far-less
severe penalty than a 57-day suspension. It is of the opinion that a 30-day
suspension from service would have been sufficient for Carrier to impress Claimant with the signific
suspension to a
30-day
suspension*
FINDINGS: The Third Division of the Adjustment Hoard, upon the whole
record. and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employee involved is this dispute
are respectively Carrier and Employee within the meaning
of
the Railway
labor Act, as approved June 21,,
1934;
Award Number 23556 Pcge 2
Docket Number CL-23784
That this Division of the Adjwament Board has jurisdiction over
the dispute involved herein; and
That the discipline was excessive.
p W A R D
Discipline imposed shall be reduced from a 57-day suspension to
a 30-day suspension.
NATIONAL RAILROAD ADJLIS240T BOARD
By Order of Third Division
ATTEST: Acting Executive Secretary
National Railroad
Adjustment
Bcard
BY
oe
semarie Breach h Ad%4nistrative Assistant
Dated at Chicago Illinois this 10th day of March 1082.
~CEIVEp
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