NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number TD-25440
Eugene T. Herbert, Referee
(American Train Dispatchers Association
PARTIES TO DISPUTE:
(The Baltimore and
Ohio
Railroad Company
STATEMENT OF CLAIM: Claim of the American Train Dispatchers Association:
"...the discipline administered in this case ('TEN DAYS
ACTUAL SUSPENSION to start at 12:01 AM November 13, 1982
and terminate 11:59 PM November 22, 1982') is harsh and
excessive. It is our request that Mr. Smith's record be
cleared of this entry, and that he be compensated for all
time lost."
OPINION OF BOARD: On October 21, 1982, the Chicago-Philadelphia Trailer Train
entered the working limits of a Maintenance of Way crew near
Mile Post 62.5 and was required to make an emergency stop. Investigation revealed
that Claimant had been instructed to provide notification to trains moving between
New Castle, Pennsylvania and Haselton,
Ohio
to the effect that track maintenance
work was being performed in the area in question.
The record further reveals that Claimant could have complied with the
instruction but instead chose to rely upon his replacement on the following shift
to give the notice to trains moving east from Haselton. In doing so, he acted at
his peril and the failure of his replacement to take the required action does not
diminish Claimant's basic responsibility in this most serious matter.
The Board finds that Claimant has been accorded full due process under
the Agreement, that there is substantial evidence of his guilt, that the Carrier's
decision was neither arbitrary nor capricious and that the punishment imposed
was, under the circumstances, neither harsh nor excessive.
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 25432 Page 2
Locket Number TD-25440
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Z',~"
Nancy er - Executive Secretary
Dated at Chicago, Illinois, this 30th day of April 1985.