NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number TD-25171
Robert
W.
McAllister, Referee
(American Train Dispatchers Association
PARTIES TO DISPUTE:
(Boston and Maine Corporation
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.
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 Agreement was not violated.
Award Number 25353 Page 2
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.