NATIONAL RAILROAD ADJTJS=T BOARD

Award Number 23846

THIRD DIVISION Docket Number CL-22663

Date E. Eischen, Referee

(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers., Express and Station Employes
PARTIES TO DISPUTE: (
(Soo Line Railroad Company

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-8704) that:

(1) Carrier was unreasonable, unjust and capricious when it suspended Ms. Linda Scott, employed as Inbound/Outbound Card Switching Clerk No. 2 at Schiller Park, Illinois, from service for a period of tea (10) days beginning Sunday, February 13, 1977, to Sunday, February 27, 1977.

(2) Carrier shall nor compensate Ms. Linda Scott in the amount she would have earned had there been no suspension, including any overtime rocked by the position during the period of suspension.

OPINION OF HOARD: It is not disputed that Claimant negligently failed to
comply with specific instructions for the handling of
certain cars from the Campbell Soup Company. Specifically, she neglected to
note on the switch list that these cars should be carded for the rip
track for installation of heaters.. despite a specific written instruction
from Agency Manager Schiltz on 11/19/76 emphasizing the need to be careful
of such matters during the upcoming "heater season." Nor is there any dis
pute that Ms. Scott's carelessness was proven is a fair and impartial investi
gation following adequate notice and opportunity to appear and be heard.
Thus, the only question presented on this record for our consideration is
whether the penalty of a tea day suspension for this offense was arbitrary,
unreasonable or capricious in the circumstances of this case. Although the
question of discipline imposed by terrier was harsh we cannot conclude that
it was unreasonably so. Claimant had been the recipient of a series of prior
written warnings to read her mail end to pay greater attention to the
details of her work performance. Given these previous notices and her ap
parent failure to respond we cannot find the 10-day suspension too excessive
as to be arbitrary or unreasonable.

FINDINGS: The Third Division of the Adjustment Bid.-., upon the whole record and all the evidence, finds and holds:

That the parties waived oral hearing;

Award Number 23846 Page 2

Docket Number CL-22663

That the Carrier and the Employer involved is this dispute are respectively Carrier and Employer within the meaning of the Railway Labor Acts as approved June 21., 1934;

That this Division of the Adjustment Board has ,jurisdiction over the dispute involved herein; and

That the Agreement was not violated.

A W A R D

Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

Attest: Acting Executive Secretary
National Railroad Adjustment Board

C

BY
semarie Barascli - Administrative Assistant

Dated at Chicago., Illinois this 28th day of April 1982·

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