NATIONAL
RAILROAD AA7US124ENT BOARD
THIRD DIVISION
Josef P. Sirefmaa, Referee
PARTIES TO DISPUTE:
Award Number
23934
Docket Number
CL-23877
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
(Chicago and North Western Transportation Company
STATBKMNT
OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-9368)
that:
1. Carrier violated the effective Agreement Rules, particularly
Rule
21,
when under date of May
26, 1977
it dismissed Mr. Patrick J. Terry
from service without dust cause; and
2.
Carrier shall now reinstate Mr. Patrick J. Terry to service
with all rights unimpaired, sad compensate him for all tine lost as a result
of the unjust dismissal, to include making him whole for all fringe benefit
losses as well.
OPINION
OF BOARD: Claimant Patrick J. Terry, Telegrapher-Clerk, received a
notice of investigation dated May
19, 1977
concerning:
"You: responsibility for your failure to properly copy
Train order
X237
addressed to Extra
4367
West
(297's
Extra)
at Butler, Wisconsin on May
18, 1977
when complete time was
omitted while employed as Tel-Clerk, Job
003,
commencing
duty at
3:59 PM."
A hearing was held on 2day
23, 1977
and Claimant was dismissed from service on
May
26, 1977.
A review of the record establishes that Claimant did fail to include
the complete time when copying the Train Order in question. There was substantial
evidence in the record to support Carrier's decision to discipline Claimant.
Nevertheless, the penalty of dismissal is too severe in this Board's opinion.
Accordingly the Claimant is to be restored to service with seniority rights unimpaired but without b
admonished that he is being given a last chance to prove himself and that he
should take every advantage of this final opportunity.
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;
Award Number 23934
Docket Number CL-23&T(
Page 2
That the Carrier and the Employes involved in this dispute
are respectively Carrier and Flnployes 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 AWTJS24M BOARD
By Order of Third Division
ATTEST: Acting Executive Secretary
National Railroad Adjustment Board
By
s.narie Breach - Administrative Assistant
Dated at Chicago, Illinois, this 30th day of Juae
1982.
c
Office