(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE: (Chicago and North Western Transportation Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9827) that:
1. Carrier violated the Agreement Rules, particularly Rule 21, when under date of September 7, 1982 it dismissed from service Mr. D. A. Quenon, Clerk at South Pekin, Illinois, account of formal investigation held Thursday, September 2, 1982; and
2. Carrier shall be required to reinstate Mr. D. A. Quenon to service with all rights unimpaired, and compensate him for all monetary losses suffered from September 7, 1982 forward, until the violation is corrected.
OPINION OF BOARD: September 7, 1982, after formal investigation, Claimant
 was dismissed from the service for failure to properly complete
 a train location report August 26, 1982. While employed as an Assistant Chief
 Clerk at the South Pekin Station Claimant was responsible for a line-up containing
 a number of errors including the erroneous annulling of train number 386, a
 misstatement of the line-up void time, and an incorrect abbreviation for the
 St. Louis subdivision. There was an Extra "South" listed on the north bound
 train line-up instead of the correct train designation of Extra North. A serious
 accident was avoided in the vicinity of Luther, Illinois when a Track Supervisor
 operating a high-rail vehicle on the track at Luther happened to overhear a
 radio transmission from approaching train 386, and was alerted to leave the
 track. The Supervisor's track line-up showed that train 386 had ben annulled
 whereas it should have been listed at Stallings at 5:15 a. m. Claimant conceded
 that he had failed to repeat the line-up to the dispatcher as he copied it, a
 requirement of Rule 957. This omission contributed to Claimant's errors.
While Claimant attempted to excuse his improper work performance by explaining that the typewriter upon which he initially commenced copying the line-up had malfunctioned and that he had to finish copying it in pencil resulting in the mistakes upon subsequent retyping, he admitted that, in the course of other duties, he 'completely forgot about reading it back to the dispatcher".
Although Claimant was a relatively short term employe, during the year and a half preceding his dismissal he had received a letter of reprimand and a thirty-day suspension.
                    Award Number 25202 Page 2

                    Docket Number CL-25445


Neither the malfunction of the typewriter nor any duty demands of Claimant's assignment excuse Claimant's improper work performance. The evidence is insufficient to show that Claimant could not reach the Train Dispatcher to read back the line-up when recopying, nor do the facts show that Claimant made any attempt to contact the Dispatcher. Although Claimant was filling in for another employe who was on vacation, he was qualified and responsible to perform the full scope of the classification's duties.
The record supports Carrier's decision to discipline Claimant. However, discipline of discharge does not fit the offense since it is apparent that other railroad personnel, not disciplined, including switch crews and the Dispatcher, also contributed to the distribution of the improper line-up.
Carrier shall reinstate Mr. Quenon to service with all rights unimpaired but without back pay.
        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; -
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 ADJUSTMENT BOARD

                          By Order of Third Division


Attest:_5~

              Z,-C~

        Nancy Aver - Executive Secretary


Dated at Chicago, Illinois, this llth day of January 1985.
                                                    [nw~1


                                                ~ vj -

                                                J

                                              <,, Q;


                                                    4i \


                                              C hicU

                                                  02