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(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE: (Terminal Railroad Association of St. Louis



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.


                    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-- ~.\,