NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number CL-25619
Lamont E. Stallworth, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
(Freight Handlers, Express and Station Employees
PARTIES TO DISPUTE:
(Chicago, Milwaukee, St. Paul and Pacific Railroad Co.
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9856)
that:
(1) Carrier violated the Clerks' Rules Agreement at Bensenville,
Illinois when it charged, held investigation and subsequently assessed
discipline of disqualification from Caller's Position No. 00290 on November
26, 1982, to Employe J. D. Crisci.
(2) Carrier shall be required to reinstate Employe J. D. Crisci to
Caller's Position No. 00290 and compensate him for an additional eight (8)
hours at the pro rata rate of Caller's Position No. 00290 for each work day
he is held off such position.
OPINION OF BOARD: After a close review of this record and all the evidence
presented, it is the Board's considered judgement that
on the dates under Claim performance of crew calling duties by Claimant was
unacceptable. There is abundant evidence to support Carrier's finding. In
addition, disqualification of Claimant for Caller Position No. 00290 in the
light of a substandard record is fully justified.
The Superintendent's letter of discipline dated November 26, 1982,
disqualified Claimant from Position No. 00290 and the Statement of Claim is
limited to a challenge of that disqualification for the position. The Board
rejects that appeal.
The above conclusions must be balanced against various extenuating
circumstances, such as the fact that Claimant was retained in a Crew Caller's
position for some ten years, albeit with letters of warning and a disciplinary suspension. His Super
testified Claimant did function there as a Caller, but that circumstances
related to the size of the operation and the crews called had changed, and
probably adversely affected his performance of duties in the larger Crew
Management Center.
In the light of all the circumstances of this case, the Board concludes
that Claimant be given one further opportunity to demonstrate his qualification.
The time off for disqualification should have impressed Claimant with the
importance of his work and its proper performance including more firmness in
the exercise of his authority. In any event, these views are conditioned
Award Number 25635 Page 2
Locket Number CL-25619
upon Claimant demonstrating that he can perform crew caller duties to Carrier's
satisfaction and satisfy appropriate conditions and policies.
FINDINGS: The Third Division of the Adjustment Hoard, 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 Hoard has jurisdiction over
the dispute involved herein; and
That the discipline was excessive.
AWARD
Claim sustained in accordance with the Opinion.
NATIONAL RAILROAD ADJUSTMENT HOARD
By Order of Third Division
Attest
Nancy
Je.~'
Dever - Executive Secretary
Dated at Chicago, Illinois, this 19th day of September 1985.
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