NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MW-25360
Eckehard Muessig, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Terminal Railroad Association of
( St. Louis
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
"(1) The disciplinary demotion of Track Foreman R. Thomas and his
disqualification as foreman for alleged failure to properly protect track at
St. Louis, Missouri on may 12, 1982, was without just and sufficient cause
and on the basis of unproven charges (System File TRRA 1982-12).
(2) Mr. R. Thomas shall be reinstated as track foreman with seniority
as such unimpaired, his record be cleared and he shall be compensated for all
wage loss suffered." '
OPINION OF BOARD: Subsequent to a hearing, the Claimant was found guilty
of failure to properly protect the track, from which he
had removed a rail, by any of the several means available to him.
The Claimants own testimony, as well as other evidence of record,
leads to a finding of guilt, as charged, by the Carrier. In this instance,
the Claimant failed to perform his duties as a responsible Supervisor and the
Carrier's decision to assess discipline is reasonable.
However, while the Claimant cannot hold others responsible for his
failure to properly discharge his duties, as he implied during the investigation,
given the circumstances particular to this dispute, we will reinstate the
Claimant to his Foreman position, but without any compensation for time lost
while out of that position. This period of time should constitute sufficient
discipline and provide one last opportunity for the Claimant to fulfill his
duties in a fully satisfactory manner.
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;
Award Number 25333 Page 2
Locket Number MW-25360
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:
Nancy J.D--ver/fExecutive Secretary
Dated at Chicago, Illinois this 15th day of March 1985.