Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28201
THIRD DIVISION Docket No. MS-28359
89-3-88-3-247
The Third Division consisted of the regular members and in
addition Referee Robert W. McAllister when award was rendered.
(The American Railway and Airway Supervisors Association:
(A Division of TCU
PARTIES TO DISPUTE:
(The Long Island Railroad Company
STATEMENT OF CLAIM: "It is the Claim and request of the Petitioning Organization that:
1. Carrier acted in an unwarranted and unjust manner when they
assessed discipline in the form of 30 days actual suspension and disqualification from all movement
hearing held September 11/15, 1986 on charges of violating Rule 220.
2. Because of this violative action, Carrier be required to restore
Ms. Campbell to her former position, pay her for all lost wages, and clear her
record of all reference to the charges."
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.
Claimant was assigned to the Carrier's Road Movement Bureau. She was
issued a thirty (30) day suspension and disqualified from all Movement Bureau
positions for allegedly issuing improper train orders to Trains 3 and 6 on
August 27, 1986.
The record establishes the Claimant admitted she issued Orders /f2 and
/I5. Order It2 directed Train 6 to meet Train 3 at PD. Order /i5 gave Train 3
rights over Train 6, PD to Y. These Orders were conflicting in nature and
gave both Trains 3 and 6 simultaneous, opposing rights on the main. Notwithstanding, the Organizatio
was improper because his testimony was contradictory. This Board notes the
Chief Dispatcher was only consulted on Order ##5 and had no knowledge of the
contradictory Order /I2. The Board further notes that each Order on its own
was proper, but together produced a violation of Rule 220.
Form 1 Award No. 28201
Page 2 Docket No. MS-28359
89-3-88-3-247
This Board concludes the evidence of record establishes the Claimant's guilt. We agree with the
and one error in judgment can have disastrous results. Accordingly, we find
no basis to disturb the Carrier's assessment of discipline and disqualification of the Claimant.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest.
Nancy J.,oo'Wer - Executive Secretary
Dated at Chicago, Illinois, this 20th day of November 1989.