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NATIONAL RAILROAD ADJUSTMENT BOARD
Award Number 25581
THIRD DIVISION Locket Number CL-25725
Stanley L. Aiges, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Terminal Railroad Association of St. Louis
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (CL-9909)
that:
1. The Carrier violated the Clerks' Rules Agreement when it assessed
discipline of fifteen (15) days deferred suspension to Crew Board Clerk, Ms.
Rosemary Taylor, on January 12, 1984, following investigation held on January
5, 1984.
2. Carrier's action was harsh, excessive and unreasonable due to the
facts involved.
3. Carrier shall now be required to expunge the discipline assessed
from Ms. Taylor's personal record and all references thereto.
OPINION OF BOARD: Claimant is employed as a Crew Clerk Board-Marker at the
Carrier's Crewboard office in Madison, Illinois. She was
assigned to the first shift (7:00 a. m. - 3:00 p. m.) on Tuesday, December 27,
1983. Her regular assigned duty was to prepare, mark and handle the Switchman's Board in order to fi
shifts.
B. E. Xnehans was listed on the Switchman's Board as scheduled to
Hv
rk a Crest Retarder Foreman ("CRF") position on the third shift (11:00 p. m.
start) on December 27, 1983. A vacancy, hocever, arose on the Yardmaster's
Board for a first shift December 28, 1983 assignment. Knehans was assigned to
fill the vacancy by another Crewboard Clerk. His name, therefore, was
transferred (as it should have been) to the Yardmaster's Board to reflect the
change in assignment. Knehan's name, however, was never removed from the
Switchman's Board.
As a result of the Claimant's failure to remove Knehan's name from
the Switchman's Board, no employe reported to work to cover the December 27,
1983 third shift CRF job. The Carrier, therefore, held over the second shift
CRF until a replacement rnuld be located and called to work. This created two
hours of otherwise unnecessary overtime.
The Carrier, after determining that the scheduling error was
Claimant's responsibility, assessed a 15 days (deferred) suspension.
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Award Number 25581 Page 2
Docket Number CL-25725
The Board has carefully reviewed the record before us. We are
convinced that the Carrier correctly determined that the scheduling error at
issue was directly attributable to the Claimant. In making the error, she
clearly exposed herself to disciplinary action. We believe, however, that the
15 days penalty (deferred) assessed against her was excessive. We are
convinced that the more appropriate penalty would have been an assessment of
five (5) days suspension (deferred).
We direct the Carrier to reduce the aforesaid 15 day suspension
(deferred) to a five (5) day suspension (deferred).
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 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 ~/. L~/er - Executive secretary
Dated at Chicago, Illinois, this 22nd day of August 1985.
`h~C~AVED-- ~.\,