- NATIONAL RAILROAD ADJUS'agPl'1' BOARD.
Award Number 24082
THIRD DIVISION Docket Number~CL-24312
Telford E. Schoonover, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight
Handlers,
Express and Station Employee
PARTIES TO DISPUTE:
(Terminal Railroad Association of 3t. Louis
STATEMENT CF CLA7M: Claim of the System Committee of the Brotherhood
(GL-9521) that:
1. Carrier violated the Clerks' Rules Agreement when it arbitrarily
suspended Mrs. M. J. Germans from its service for a period of thirty (30) days
following investigation, without giving reasonable consideration to the testimony given and the miti
2. Carrier's action was arbitrary, unjust end unreasonable.
3. Carrier shall now be required to compensate Mrs. Germans for
all wage losses sustained due to Carrier's arbitrary and unreasonable action.
OPINION OF HOARD: ·Mr. J. M. Gatlin, by a letter dated December 27, 1979, was
cited for
as
investigation to be held at 9:30 A.M. on
January 15,
1980.
Claimant, M. J..Germann, was advised, by espy of thesame December 27, 1979 letters to attend the
However,
Mr. Gatlin waived the hearing, and by a letter dated January 15,
1980,
all
parties were advised that the investigation was cancelled.
on
January
16, 1980,
(terrier cited Claimant for as investigation for
"your alleged failure to comply with instructions issued you to attend as investigation, as a witnes
notice until January 21, 1980, and notified her representative the next day. A
request for a postponement sad for the presentation of witnesses was made by letter dated January 22
the Carrier denied the requested postponement and issued let£ers to the requested
witnesses to attend the investigation on January 25,
1980.
Only one witness appeered, and after the hearing Claimant was assessed a 30-day suspension which
the subject of the present claim.
While the handling of the matter by both parties troubles this Board,
the matter before us is resolved by consideration of the substantiated evidence
before us.
There is no doubt on this record 'hat Claimant was notified, and so
understood the notification, that she was to be a witness at a disciplinary hearing scheduled for Ja
1980
at 9:30 A.M. Claimant did not comply with
the instructions.
Award Nuaber 24082
Docket Number CL-24312
The charge that claimant ?ailed to comply was substantiated by
claimant's own admission that she forgot.
In view of the circumstances on both sides we find the 30-day
suspension excessive. We x311 reduce the assessed discipline to a one-day
suspension. Such action will impress on the claimant the reponsibility of
as employe to comply with instructions properly issued. It will also impress
upon the Carrier that the requirement fns afair and impartial hearing includes
avoidance of arbitrary and capricious action is the matter of granting post-
ponement when requested on reasonable grounds.,
Page 2
FL^DINOS: The Third. Division of the Adjustment Board., upon the whole record
and all the evidences finds and holds:
That the parties waived oral hearing;
That the Carrier ate. the Employes involved in this dispute are
respectively Carrier and Employes 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 Agreement was violated.
A W A R D
Claim sustained in accordance with the opinion,
NATIONAL RAILROAD AIITUST HOARD
By Order of Third Division
ATTEST: Acting Executive Secretary
National Railroad Adjustment Board
3y
Rosemarie 3rasa': - Administrasive Assistant ~ 9o
Offica
,a~'E C E I V
E
0
06;
Dated at Chicago Illinois this 5th day of January 19331