(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station rMaployes PARTIES TO DISPUL: (Louisville and :a,shville Railroad Company

                STATM.LENT.O.Fv SAM: Claim of the System Ccmmittee of the Brotherhood (GL-9356) that:


1. Carrier violated the Agreement between the parties when it arbitrarily, capriciously, and in abuse of discretion, suspended Clerk Cecil Ritchie x-cm service for fourteeen (14) days as a result of investigation held on April 18, 1980.

 2. Carrier shall, as a rest, compensate Clerk Ritchie for all time lost and clear his record of the charge brought against him.

 O=I0:T C_ BOARD: The cla ^ant seeks to overturn a fourteen-day suspension
 resulting from his failure to execute a waybill for a car
 which contained hazardous materials. The car had arrived in the yard without a
 waybill. Me claimant indicates that he had received a call from the originates
 railroad clerk informing him that the car was ccming to his yard, that it contained
 hazardous material, that it did not have a waybill, sad that he did not have trans
 portation to bring the waybill over to the claimant.

 The yaaxd=aster was aware that the car contained hazardous m2ter~L.al anal made provisions for it to be placed in the proper train location as required by 18W.

 The claimant iadicatxj that he was so busy doing many things that he did not execute a waybill, but rather put the appropriate information, including the fact that `,.he car contained hazardous material, on the back of an T.£4 card.

 The claimant alleges that on many occasions a car which is received without a waybill is forwarded without a waybill using the same device as he did here; n :rely, putting the information on the back of an IBM card. The Carrier is particularly concerned here because there was hazardous material involved and assorts that the fact did not relieve the claimant of his responsibility to execute the -proper waybill.

 Although the Carrier is reflecting an obvious deep ceacern for the movement of hazardous materials on its property, there is no evidence that the action of the claimant heightened any potential danger.
                      Award Number 24243 Fags 2

                    Docket Number CL-23889


It is interesting to note that the last paragraph of the letter which assessed the fourteen-days' suspension was as follows:

        "It is hoped that you have benefited tram this experience and will conduct your duties in the future in a manner to avoid a recurrence of a similar incident".


It is established precedent in this Division that if there is sub. stantive evidence supporting a rule violation upon which the Carrier makes its decisions that it will support the Carrier unless it is palpably erroneous on its face. For that reasons this Hoard is usually reluctant to reduce a penalty and will only do so when it is strongly indicated. In this instance, after a careful review of all the evidence in the record,, this Board finds that while it is admitted that no waybill was prepared but rather that the information which would normally have been placed on a waybill was put on the back of an IBM cards that this in itself is not sufficient to establish the guilt of the claimant. It is not clear that it was his responsibility clearly understood by himsthat a waybil follow the usual procedure and use a substitute documents, particularly in light of his alleged being very busy performing his other functions* A delay of the train might have resulted from his having to execute the waybill which was hardly desirable nader the circummstancea.

 It seems clear to this Board that the Carrier was deeply concerned because there was a dangerous car involved and further coned that the FRA Regulations had been violated; however., this Board finds that it has not been clearly established that there was a duty on the part of the claimant to process. the waybill in light of the previous practices, and the fact that hazardos material was involved did not in itself so alter these circumstances as to have made the claimant guilty as was decided by the Carrier. Four these reasonsp this Board will uphold the claimant and grant the award.

        FINDIRGS: 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 Employee involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act., as approved June 21s 1934;

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

        That the Agreement was violated.

                    Award Nammber 24243 Page 3

                    Docket Number CL-23889

                    A W A R 'D


        Clad= sustained.


                          NATIONAL RAILROAD ADJOS7MENT BOARD

                          By Order of Third Division


ATTEST: Acting Executive Secretary
 National Railroad Adjustment Board

        Rosemarie Brasch - Administrative Assistant


Dated at Qiicagoj, Illinois., this 14th day of March 1983.