PARTIES TO DISPUTE:


STATEMENT OF CLAIM: Claim of the American Train Dispatchers Association that:

Request that the discipline of 10-days suspension plus 24 demerits assessed Train Dispatcher J. P. McGill in Notice No. 16 of Discipline Record dated December 23, 1981 be revoked, that the charges be dropped and never referred to again, that Mr. McGill's discipline record be cleared and that he be compensated for any and all expenses and losses in connection with this matter.

OPINION OF BOARD: The Claimant, J. P. McGill, a Train Dispatcher with seniority
as such since September 15, 1972, was, after an investigation,
issued a ten (10) day suspension plus twenty-four (24) demerits for accepting
an improper train order and for failing to take corrective action while on duty
on October 9, 1981. On that day, a lap situation was created at 0722 hours.
The Claimant went to work at 8:00 A. M. in relief of the third trick Conn River
District Dispatcher. At the hearing, Claimant acknowledged he should have
immediately looked at all the orders being transferred to him. He did not do
so until approximately 0945 due to the press of other factors and duties.

The essence of the Claimant's failure to review the transferred orders is that Train Order 210 completed at 0722 created a possible head-on collision. While the Claimant is certainly not responsible for creating this dangerous circumstance, the care entrusted to a Train Dispatcher obliges that individual to scrupulously follow Operation Rules. In situations such as an overlap, these Operation Rules act as checks and balances guarding against human error. This is precisely why transferred orders must be immediately reviewed. As the Claimant testified, his belated review at 0945 resulted in his realization that Train Orders 208 and 210 had overlapping authority. Based on the record as a whole, the Board finds the Carrier's actions are supported by a preponderance of the evidence adduced.





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



                    Locket Number TD-15171

                    A W A R D


        Claim denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


Attest:

        Nancy . 0 FGer - Executive secretary


Dated at Chicago, Illinois, this 29th day of March 1985.