NATIONAL RAILROAD ADJUSVENT BOARD
THIRD DIVISION Docket Number CL-24258
Robert W. McAllister, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(The Atchison., Topeka and Santa Fe Railway Company
STATE,L°:T OF CLAZd: Claim of the System Ccmmittee of the Brotherhood
(GL-9508) that:
(a) Carrier violated the Clerks' Agreement in Chica-go, Illinois,
when it removed E. W. Davis from its service as a result of investigation held
on June 16, 1980.
(b) E. W. Davis shall nar be reinstated to Carrier service
with all rights unimpaired and compensated for all monetary loss suffered
on his Lead Service Bureau Clerk-Claims position at Chicago as a result of
being removed from service.
(c) In addition to the monies claimed, E. W. Davis shall now
receive ten per cent (1000) interest on monies claimed, such interest to be
compounded on each and every pay period from date of removal from service
forward for the period of time Claimant is held out of service (40 hours
per week).
OPINION OF BOARD: Own June
3,
1980, the Carrier issued Claimant three separate
notices of formal investigation. The charges were indifference, insubordination and quarrelsome cond
and threatening a Carrier representatives The Claimant, Elbert W. Davis, Jr.,
is employed with the Carrier as a Lead Claims Clerk (temporary) with seniority
since August 1, 1974. The three investigations were held, and Claimant was
deemed to be responsible for two of the above charges, but not for failing to
protect his assignment. He was removed from service for violation of Rules 14
and 16, herein restated:
"Rule
14
Employes must obey instructions from the proper
authority in matters pertaining to their respective
branches of the service. They must not withhold information, or fail to give all the facts, regardin
irregularities, accidents, personal injuries or rule
violations.
"Rule 16
Employes must not be careless of the safety of
themselves, or others; they must remain alert and attentive and plan their work to avoid injury.
Award Number 24214 Page 2
Docket Number CL-24258
"Employes must not be indifferent to duty; insubordinate, dishonest, immoral, quarrelsome or
Employes must conduct themselves in a manner that
will not bring discredit on their fellow employes or
subject the comppany to criticism or loss of goodwill."
The Organization contends the removal of Claimant was without just
cause. Additionally, it asserts Claimant's removal was the result of investigations which were not f
The records speak for themselves. Cognizant of the seriousness of
the Organization's claim this Board has carefully analyzed both records and,
particularly, the hearing transcripts. Our conclusion is that the conduct
of the parties at those hearings is less than a model for such forms. However, on the whole, we cann
for guaranteeing a fair and impartial hearing were so lacking as to be fatally
prejudicial or procedurally defective.
There is really no question concerning the Status Report. The
Claimant had no justification for not turning it over to the Transportation
Service Center Manager. Based on the transcript before us, this Board supports
the Carrier's finding with respect to the charges claimant's quarrelsome conduct on May 28, 1980, di
threat results from a telephone conversation between the Claimant and his aforementioned manager. Th
because he was charged with being absent without authorization when he, in fact,
believed he was on approved sick leave. We note these latter charges were dismissed as a result of a
The Hearing Officer chose to accept the testimony of the manager and another
Carrier witness. Our review of the record does not find those determinations of
credibility to be in conflict with the weight of the evidence developed at the
hearing.
This Board has determined the Carrier was justified in imposing
discipline upon the Claimant. We do not agree with the Carrier that, under
the specific circumstances of this case, Claimant's conduct justified discharge
from service. For discipline to be effective, there must be a reasonable relationship between the pe
view of the claimant's years of service and clean record, we believe the
penalty was harsh and excessive. Therefore, this Board states the period of
time the Claimant has been out of service since his dismissal shall be viewed
as a suspension. Claimant is to be restored to service.
FILINGS: The Third Division of the Adjustment Board, upon the whole record
and all the evidence, finds and holds:
Award Number 24214 Page 3
Docket Number CL-24258
That the parties waived oral hearing;
That the Carrier and the Employes involved in this dispute are
respectively Chrrier and FhSployes 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 faith the opinion.
RATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATMST: Acting Executive Secretary
National Railroad Adjustment Board
BY
Rosemarie Breach - Aaministratire Assistant
Dated at ChicsVj,
Illin i8)
this 14th day of March 1983.