Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27022
THIRD DIVISION Docket No. CL-26780
88-3-85-3-749
The Third Division consisted of the regular members and in
addition Referee Peter R. Meyers when award was rendered.
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(The Belt Railway Company of Chicago
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10059) that:
1. Carrier violated the effective Clerks' Agreement when, following
an investigation held on September 17, 1984, it suspended Mr. L. Alcaraz from
service for a period of three days commencing on September 26, 1984;
2. Carrier shall now compensate Mr. Alcaraz for all time lost, including potential overtime, and
against him."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record
and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
On June 27, 1984, Claimant was assigned by Carrier to work as the
East Outbound Switching Information Clerk. On the date in question, Claimant
discovered that a car had been improperly included in a Missouri Pacific
train; he filled out a set-out form on the car and sent it to the Yardmaster.
Later that day, Claimant issued waybills to the crew of the Missouri Pacific
train; the wrongly included car, however, had not been set out, so the train
left the yard with the car still in tow. Claimant subsequently was notified
to attend an Investigation into the charge:
Form 1 Award No. 27022
Page 2 Docket No. CL-26780
88-3-85-3-749
"determining your responsibility, if any, in
connection with car NOKL 88121 routed NW (570)
departing Clearing Yard in error to MP (460)
at/or about 1:10 PM, June 27, 1984, during your
tour of duty as Relief Switching Information
Clerk Position fl74 - 382, Central Car Operations, 6:05 AM to 2:05 PM, June 27, 1984."
After a postponement, the hearing was held on September 17, 1984; as a result
of the hearing, Claimant was assessed a three-day suspension. The Organization thereafter filed a cl
This Board has reviewed the evidence and testimony in this case, and
we find that there is sufficient evidence in the record to support the finding
that the Claimant was guilty of not properly performing his duties on the date
in question.
Once this Board has determined that there is sufficient evidence in
the record to support the Carrier's finding of guilty, we next turn our attention to the amount of d
Carrier's imposition of discipline unless we find that the action taken by the
Carrier was unreasonable, arbitrary, or capricious. In this case, the Claimant received a three-day
intentional wrongdoing. This Board finds that that discipline is unreasonable
under the circumstances of this case. This Board orders that the discipline
be reduced to a written reprimand and that the suspension be removed from the
Claimant's record and that he be made whole for all pay lost as a result of
the suspension.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
41
Attestc~
~,o ~,o
Nancy .~ver - Executive Secretary
Dated at Chicago, Illinois, this 25th day of April 1988.