NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-24575
Herbert L. Marx, Jr., Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(St. Louis Southwestern Railway Company
STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the St. Louis Southwestern Railway
Company:
On behalf of Signalman W. R. Shultz and Assistant Signalman R. E.
Griffin, who were suspended thirty days during June and July, 1981, for pay
for all time lost and with all rights unimpaired, and all charges and discipline
be removed from their personal records." (Carrier file: 318-53-A)
OPINION OF BOARD: The Claimants are Signalman and Assistant Signalman who
bore responsibility for an accident involving a backhoe
which they were operating. They permitted the backhoe to be too close to a
track and, as a result, it was struck by a moving train.
They were immediately suspended from service. After a fair and
thorough investigative hearing, each Claimant was assessed a disciplinary
penalty of 30 days' suspension, commencing with the date of initial removal
from work.
The Claimants stated at the investigative hearing that they had been
warned by their supervisor, a Signal Manager, to avoid working too close to
the track. However, there was no flag or other warning device provided to
them. The record also shows considerable lack of clarity concerning the
direction and supervision given them by the Signal Manager. Each Claimant had
little more than two months' service with the Carrier.
In the assessment of discipline there is no showing that these
factors were taken into account. While the Carrier's judgment may not be
faulted in assessing discipline for failure to exercise proper care, the
penalty is thus found to be excessive. Claim sustained to the extent that the
disciplinary penalties are modified to 15 days; the Claimants shall be made
whole for the remaining 15 days.
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;
That the Carrier and the Employes involved in this dispute are
respectively Carrier and Employes within the meaning of the Railway Labor Act,
as approved June 21, 1934;
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Award Number 24586 Page 2
Locket Number SG-24575
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 ADJSUTMENT BOARD
By Order of Third Division
ATTEST:
Nancy J. ve -Executive Secretary
Dated at Chicago, Illinois, this 15th day of December 1983.