NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number TD-27368
Ronald L. Miller, Referee
(American Train Dispatchers Association
PARTIES TO DISPUTE;
(Chicago S North Western Transportation Company
STATEMENT OF CLAIM:
"Appeal of the dismissal of Train Dispatcher Ms. P. M. McClintock on
April 18, 1985. Carrier file 82-85-5D"
OPINION OF BOARD: On Saturday, April 13, 1985, the Claimant was employed as a
Train Dispatcher. At approximately 3:15 P.M., during her
duty hours, the Claimant went to her car, removed a six-pack of beer and was
walking to place the beer in the office refrigerator when she was stopped by
the Relief Chief Train Dispatcher. The Claimant stated that it was her intent
to cool the beer for a party that evening. She was told by the Chief that she
was in violation of Rule G. The Claimant returned the beer to her car. The
next day, April 14, 1985, the Claimant was removed from service. The Organization's initial appeal o
12, 1985, the Organization amended its appeal by eliminating its request for
leniency and substituting excessive discipline as the basis for its appeal.
Subsequently, on May 5, 1986, the Carrier proposed to reinstate the Claimant
on a leniency basis (the proposal also included a reduction in classification
with possible reassignment to Train Dispatcher at a later date). The Organization did not accept the
Leniency is clearly the purview of the Carrier and not this Board.
On the other hand, the correction of excessive and/or unreasonable discipline
is properly a function of this Board (see Third Division Awards 10790 and
20554). Therefore, the Carrier must establish that the discipline applied is
reasonably related to the gravity of the offense. The Carrier is correct in
asserting that a violation of Rule G is a serious offense. However, dismissal
is not automatic where a Rule G violation occurs. Fairness and reasonableness
in the application of discipline requires that the circumstances of the violation and the employee's
all relevant factors, the discipline of dismissal is found to be excessive.
The Claimant is to be reinstated to employment as a Train Dispatcher
without backpay, but with her service rights restored.
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 26706 Page 2
Docket Number TD-27368
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 J. ever - Executive Secretary
Dated at Chicago, Illinois, this 23rd day of November 1987.