Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28830
THIRD DIVISION Docket No. TD-28740
91-3-89-3-123
The Third -Division consisted of the regular members and in
addition Referee George S. Roukis when award was rendered.
(American Train Dispatchers Association
PARTIES TO DISPUTE:
(Norfolk and Western Railway Company
STATEMENT OF CLAIM:
APPEAL JI1 - CARRIER FILE TD-FTW-88-2
Appeal of thirty (30) days deferred suspension assessed Train Dispatcher P. F.
Hipsher, Ft. Wayne, Ind., May 24, 1988
APPEAL /i2 - CARRIER FILE TD-FTW-88-3
Appeal of thirty (30) days actual suspension assessed Train Dispatcher P. F.
Hipsher, Ft. Wayne, Ind., May 24, 1988
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.
In this case two separate disciplinary grievances were joined into
one docket submission, but, distinguishable circumstances underlying each grievance. Separate invest
In the first incident, Claimant was found guilty of delaying Train
No. 181 for approximately twenty (20) minutes at the Mardenis Passing Siding,
Huntington, Indiana, on April 22, 1988, notwithstanding being given clear
instructions that said train was not to be delayed. Claimant does not dispute
per se the investigative findings, but maintains that he issued said instructions to his subordinate
for arranging the passing of rail traffic. The assessment of a thirty (30)
day deferred suspension activated a previously imposed twenty (20) day
deferred suspension.
Form 1 Award No. 28830
Page 2 Docket No. TD-28740
91-3-89-3-123
In the second incident, Claimant was found guilty of failing to call
the outbound crew of Train No. 181 on May 10, 1988 prior to its arrival at
Peru, Indiana. This location is a crew change point for Train No. 181. On
this night, Claimant was working the position of Third Trick Train Dispatcher
at Ft. Wayne, Indiana, and was required to call said crew one and one-half
hours in advance of the time it was actually needed. This would avoid delaying the outbound train. H
delaying the same train on April 22, 1988. In toto, he was actually suspended
eighty (80) days. This included the activation of the previous twenty (20)
day deferred suspension.
In defense of its petition, the Organization argues that Carrier
prejudged his guilt as evidenced by its failure to charge or require other
involved employees to give testimony at the investigation. The Organization
also contends that the discipline assessed was punitive and not corrective.
In response, Carrier argues that the investigative findings clearly
established Claimant's guilt in said incidents and accordingly, given his past,
disciplinary record, the suspensions imposed were consistent with the normative precepts of progress
offense.
In considering this case, the Board finds Carrier had ample justification for assessing discipli
investigative transcripts, shows unmistakably that Claimant was responsible
for delaying Train No. 181 on April 22, 1988, and also responsible for delaying the calling of the o
cannot conclude that Claimant was totally responsible in an absolute sense for
the April 22, 1988, and, as such, we will modify the assessed thirty (30) day
deferred suspension to fifteen (15) days. He is to be made whole for the
difference in time. The subsequent thirty (30) day actual suspension was
based upon justified grounds and not excessive, when the nature of the offense
is considered and his past disciplinary record is factored into the assessment
calculus.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
'Nancy J. D -Executive Secretary
Dated at Chicago, Illinois, this 25th day of June 1991.