Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29025
THIRD DIVISION Docket No. SG-29212
91-3-90-3-80
The Third Division consisted of the regular members and in
addition Referee James E. Mason when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Soo Line Railroad Company
STATEMENT _OF CLAIM: "Claim on behalf of the General Committee of the Brotherhood
(S00):
Claim on behalf of D. J. Mandeik and J. W. Christoph, for payment of
all time and benefits lost when the Carrier violated the current Signalmen's
Agreement, as amended, particularly, the Discipline Rule." Carrier file
900-16-A-63.
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.
This case involves two career Signal Department employees, who became
involved in a situation which resulted in their being suspended from service
without pay for six calendar months extending from February 22, 1988, to
August 22, 1988.
The basic facts of record are clear and uncontroverted. Each Claimant had more than thirty years
the former Soo Line property. When Soo Line and former Milwaukee Road territories were merged and th
were required, in an exercise of their combined seniority, to displace onto
Signal Testman positions on the former Milwaukee territory. Their displacement notices were dated Oc
(Mandeik). Each Claimant, at the time of the displacement, requested instructions, literature, assis
they had exercised their seniority.
Form 1 Award
No. 29025
Page
2
Docket
No. SG-29212
91-3-90-3-80
The record is clear that Claimants were not fully qualified for the
Testman positions in question. They were being tutored by another Testman and
by the Signal Foreman. During the training period immediately following their
displacement on the Testman positions, the Signal Foreman described their work
habits as "Excellent and reliable."
On February
22, 1988,
the two Claimants were working together and
without any overseer or tutor. The Signal Foreman was on vacation and in his
absence he had instructed the Claimants to continue to do test work "in areas
that they felt they were familiar." During the tour of duty on February
22,
1988,
Claimants were in the act of testing circuits at Portage, Wisconsin,
when they mistakenly threw a switch under a train which was moving through the
plant causing a derailment with resulting damages of approximately $160,000.00.
At the Hearing held on March
2, 1988,
the Claimants were present and
ably represented. During their testimony, each Claimant acknowledged that
they clearly understood the Foreman's instructions to only test "whatever we
thought we were safe in doing" (Ctiristoph) and "I was told to do what I
thought I could do comfortably" (Mandeik). They both acknowledged during
their testimony that their actions of testing relays while a train was moving
through the plant was the primary cause for the derailment. They also acknowledged that they were no
they were working at the time of the derailment.
The Organization argues that Carrier must accept most of the responsibility in this situation in
adequately trained and, in fact, had taken initiatives AFTER the derailment to
acknowledge that "we need additional training," and to provide such additional
training to the Claimants. The Organization further contends that, in view of
Claimants' clear record for more than thirty years, a six month suspension is
excessive discipline.
Carrier argues that because of the more than thirty years of service
of the Claimants and because of the instructions which had been issued by the
Foreman, these experienced signal employees should not have attempted such a
test as they did when they were not fully familiar with the circuitry and
especially with a train moving through the plant. Carrier continues that they
did, in fact, consider the Claimants' otherwise good record when they determined the degree of disci
The responsibility of the Board in reviewing discipline cases has
been clearly set forth by a long line of arbitral decisions. We do not substitute our judgment for t
discipline for a proven violation unless we are convinced that the fact situation in a particular ca
is so excessive as to constitute an abuse of the Carrier's inherent right to
assess discipline. In this case, we are convinced that a six calendar month
suspension is excessive. To be sure, the Claimants should have known what
they were doing before taking the action which they took. If they did not
know what they were doing or if, as testified, they were not comfortable with
the actions being taken, they should have either sought assistance or stopped
the testing, especially since, from the record, we are not convinced that they
had the Operator's clearance to make such tests.
Form 1 Award No. 29025
Page 3 Docket No. SG-29212
91-3-90-3-80
However, the Carrier must share in the responsibility because they
permitted these less than fully trained employees to be in the position they
were in on the date in question. Carrier's representative acknowledged that
...
it takes many years to become a testman .··. Carrier's culpability
cannot be denied.or overlooked. Therefore, it is our determination, based
upon the fact situation which exists in this case record, that a thirty working day suspension would
employees that they must be sure of the consequences of their actions before
they act.
The discipline as assessed is to be reduced from six calendar months
to thirty working days. Ar other earnings or compensation which Claimants
received during the original out-of-service period must be considered to off
set whatever compensation. is due under this Award.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. e r - Executive Secretary
Dated at Chicago, Illinois, this 28th day of October 1991.