NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number TD-25175
Robert W. McAllister, Referee
(American Train Dispatchers Association
PARTIES TO DISPUTE:
(Boston and Maine Corporation, Debtor
STATEMENT OF CLAIM: Claim of the American Train Dispatchers Association:
Claim lf1 - 10-days suspension plus 48 demerits
Request that the discipline of 10-days suspension plus 48 demerits
imposed on Train Dispatcher D. S. Robinson in Notice No. 15 Discipline Record
dated December 23, 1981 be withdrawn, that his personnel file be cleared of the
matter, and that he be reimbursed for any time lost and/or expenses incurred in
connection therewith.
Claim k2 - Disqualification as Train Dispatcher
Request that the discipline of disqualification as train dispatcher
be rescinded, that he be immediately restored to service, that he be compensated
for any and all losses and/or expenses in connection with this matter, that he
be placed again upon the position which he owned at the time he was removed
from service, and that the matter be dropped from his personnel file and never
be referred to again.
OPINION OF BOARD: The Claimant, D. S. Robinson, was, after an investigation,
issued a ten-day suspension and forty-eight demerits for the
issuance of improper Order No. 210 on October 9, 1981, while on duty as Train
Dispatcher. Subsequently, the Claimant was disqualified as Train Dispatcher
for the issuance of two improper Train Orders, Nos. 201 and 202 while on duty
January 27, 1982. The record establishes that the Claimant did issue overlapping
Train Orders in both instances of discipline. The record does not disclose any
prior disciplinary entries in the Claimant's train dispatching career which
began in 1954 other than the two instances herein cited which occurred within a
four-month interval. Disqualification as a Train Dispatcher is a form of discipline
that is continuing in nature. We believe it has now served its purpose and
will exceed the bounds of reason if permitted to continue. Claimant's disqualification
as Train Dispatcher will accordingly be terminated, but without compensation
for lost time or earnings as a Train Dispatcher. Claimant's previous seniority
date is to be restored, and he shall be given the opportunity to requalify on
the duties of the position to the extent necessary to be reinstated to his
former position.
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 25472 Page 2
Locket Number TD-25175
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Agreement was violated to the extent indicated in the opinion.
A
W
A R D
Claim No. 1 denied.
Claim No. 2 is sustained in accordance with the opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: _
Nancy ver - Executive Secretary
Dated at Chicago, Illinois, this 23rd day of May 1985.