NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-25923
Lamont E. Stallworth, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(The Chesapeake and Ohio Railway Company
(Pere Marquette District)
STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Pere Marquette District of
The Chesapeake and Ohio Railway Company that:
(a) Carrier violated the parties' Agreement, particularly Discipline Rule 701, in that (1) charg
too vague to allow the accused and his representative to prepare a defense;
(2) all reference to events occurring ten (10) days prior to the letter of
charge dated April 11, 1983 must not be considered in assessing discipline due
to Claimant Snyder not being charged 'within ten (10) days of the company's
knowledge of the alleged offense' and (3) without prejudice to that position,
the discipline administered in this case is excessive for the offense with
which charged.
(b) As a consequence of such action, Carrier be required to make
Claimant D. F. Snyder whole for wage loss incurred pursuant to paragraph (h)
of Discipline Rule 701. [General Chairman File: 83-6-PM. Carrier File:
SG-695]"
OPINION OF BOARD: The Parties agree that Claimant was properly charged in
accordance with Rule 701 with failure correctly to perform
his duties over a period of time and failure to maintain his territory as
instructed by his Supervisor. The Carrier had discussed Claimant's lack of
performance and mishandled responsibilities with him on several occasions
prior to notification of a hearing on the charges. It is not disputed that
the discipline of thirty (30) days actual suspension assessed by the Carrier
was proper. However, the Board has determined at this time that the
Claimant's restriction to working in a force under direct supervision has
served its purpose.
In the Board's view, restricting Claimant to a position under direct
supervision throughout his work life, which would permanently disqualify him
from holding a Signal Maintainer position unless there was also a Foreman,
Leading Signal Maintainer assigned to the same territory, is 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;
Award Number 26088 Page 2
Docket Number SG-25923
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:
AVOF-
oe-.0'
000;
Nancy J r - Executive Secretary
Dated at Chicago, Illinois, this 31st day of July 1986.