Joseph A. Sickles Referee


(American Train Dispatchers Association PARTIES 2n DISPUTE:
              (Southern Railway Company


STATE!,= OF CLAIM: Sixty (60) days suspension imposed on Train Dispatcher
 T. J. Glissen following hearing on August 28o 1978 be removed from his personal record and request that he be compensated for all time lost.

 OPINION OF BOARD: On August 23s 1979 the Claimant was notified of as
 investigation for running a train at a time when the track had not been cleared. Subsequent to the investigations the Claimant was suspended for sixty (60) days.

 A Track Supervisor (Presley) had permission to occupy a designated tracks and that permission was noted is a log book and by "plugs" in the controlling points on the c
Nonetheless a C&0 train was allowed to proceed on the track (through the limits held by Presley) by the Claimant,, even though the track had not been released by Presley* Presley indicates that he made several attempts to contact the Dispatcher to obtain additional time on the tracks which was to expire at 6:01 p.m.., however he was unable to make contact.

 As we read the record as a wholes we do not conclude that the Claimant seeks full exoneration, and he seems to recognize that there was a degree of negligence on his part. Nonetheless it is urged that the discipline imposed was unrealistic under the circumstances especially when one recognizes that the Dispatcher relies primarily on mechanical protection afforded by the "plugs" blocking the control levers to "...prevent the entry of conflicting movements into the protected area." However the plugs do not indicate the number of obstructions in the areas so that there is some reliance upon written records and memory involved.

 Under all of the circimmstaaces,, the Board is of the view that the discipline imposed here was excessive inasmuch as the Board concludes that the Claimant's action was neither a deliberate dereliction or gross negligence. Accordingly, we will reduce the suspension to thirty (30) days.
 Award Number 23842
 Docket Number TD-23772

 Page 2

        FIT7DIhG5: The Third Division of the Adjustment Boards upon the whole record and all the evidences 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~ 193+;

 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 is accordance with the Opinion.

 NATIONAL RAILROAD ADJUS24M BOARD
 By Order of Third Division

 Attest: Acting Executive Secretary
 National Railroad Adjustment Board

 BY: ~-
 ,~5semsrie Brasch - ~ strative Assistant

 Dated at Chicago Illinois., this 26th day of March 1982·