Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28198
THIRD DIVISION Docket No. CL-28260
89-3-88-3-79
The Third Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPUTE:
(Terminal Railroad Association of St. Louis
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10242) that:
1. Carrier violated the Agreement between TCU (formerly BRAC) and
the Carrier when, on the date of April 16, 1987, it issued discipline of
thirty (30) days deferred suspension to claimant, Mrs. M. L. Volner, following
investigation held on the date of April 14, 1987.
2. Carrier's action in this case was excessive and harsh and violated the Agreement, expressly R
3. Carrier shall now be required to remove the thirty (30) days
deferred suspension assessed Mrs. Volner and expunge from her personal record,
all references thereto."
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.
The Claimant is the third shift Crew Clerk No. 2 from 11:00 P.M. to
7:00 A.M. As a result of an Investigation, the Claimant was issued a thirty
day suspension which was held in abeyance for a period of one (1) year. The
Organization argues this action was arbitrary, unjust, and unreasonable. In
essence, the Claimant was found guilty of committing an error in that she
failed to call the correct employee for a first shift vacancy. Anaysis of the
record indicates the Claimant was not aware of Employee J. R. Couch being on
the third shift and being eligible for the overtime call until it was brought
to her attention subsequently.
Form 1 Award No. 28198
Page 2 Docket No. CL-28260
89-3-88-3-79
This Board recognizes the error made by the Claimant is undisputed.
We also endorse the Carrier's contention that employees must be held responsible for the proper call
can be no doubt this Claimant's error was not intentional, and she attempted
to fulfill her duties to the best of her ability. Discipline must be commensurate with the infractio
as opposed to an overhead suspension. Thus, we conclude the discipline issued
was not commensurate with the error committed by the Claimant which prompted
the Carrier to issue her a thirty (30) day overhead suspension. Claimant's
thirty (30) day suspension held in abeyance for one (1) year is reduced to a
reprimand.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
KOA0,01
Attest: ,
Nancy Q&0er - Executive Secretary
Dated at Chicago, Illinois, this 20th day of November 1989.