Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28871
THIRD DIVISION Docket No. SG-29123
91-3-89-3-572
The Third Division consisted of the regular members and in
addition Referee Irwin M. Lieberman when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former B&O)
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the
Brotherhood of Railroad Signalmen on the Baltimore
and Ohio Railroad Company (B60):
Claim on behalf of W. E. Whitacre, for payment of 30 days pay at his
pro-rata rate of pay, account of Carrier violated the current Signalmen's
Agreement, as amended, particularly, the Discipline Rule, when it assessed him
with an excessive discipline o5 30 days suspension. Carrier file 15 (89-15).
BRS. file Case No. 7818-B&O."
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, a Signalman, while filling a Maintainer's vacancy, was
charged with "...responsibility, if any, for making repairs to the signal
equipment at Patterson Creek Interlocking on October 17, 1988, in such a
manner that it impaired the safe and proper operation of the signal system
....
Following an Investigation he was found guilty of the charges and was
assessed the penalty which is the subject of this dispute.
The Organization insists that while Claimant admitted guilt in this
situation, the penalty was excessive. It is argued that Claimant had a clean
prior record and the thirty day suspension was not commensurate with the
infraction.
Form 1 Award No. 28871
Page 2 Docket No. SG-29123
91-3-89-3-572
Carrier notes that Claimant had been repairing certain severed wires
on the day in question and failed to perform the simple test which would have
indicated that he had reversed the wires, thus disabling the signal system in
the area. Further, he did not seek help or notify anyone when a train was
stopped by the dark signal. Finally he sought help and the problem was corrected on the day followin
There is no question about Claimant's responsibility for the problem;
he admitted it. The sole question is the measure of discipline imposed by
Carrier. We have said in many prior Awards that we will not interfere with
Carrier's disciplinary decision unless it is arbitrary, capricious or an abuse
of discretion (see among many others, Third Division Awards 26347, 25150 and
26844). In this dispute, given the seriousness of the infraction, and the
potential for serious injury to both fellow employees and the public, we do
not view Carrier's determination to be harsh or improper in any respect. The
Claim must be denied. '
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest
Nancy J. r- Executive Secretary
Dated at Chicago, Illinois, this 30th day of July 1991.