NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 THIRD DIVISION Award No. 30052
Docket No. CL-30629
94-3-92-3-401
The Third Division consisted of the regular members and in
addition Referee Robert G. Richter when award was rendered.
(Transportation Communications International
(Union
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former Chesapeake
(and Ohio Railway Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the
Organization (GL-10811) that:
1. Carrier violated the terms of the General Agreement
and Memoranda thereto when on September 6, 1990, it
held investigation on Clerk-Operator H. L.
Hiltibrand, charged with responsibility in
connection with Job Y-211 passing an absolute
signal conveying a stop indication without
permission in the vicinity of KC Junction Tower, at
Covington, Kentucky, at or about 1800 hours, on
August 28, 1990, and with failure to report to a
supervising officer that an absolute block signal
conveying a stop indication had been passed without
permission: and,
2. Carrier shall now arrange to compensate ClerkOperator Hiltibrand, ID 176424, for seven (7) da
actual suspension at the rate of $112.06 per day
which was actual time that he was withheld from
service pending the outcome of the investigation."
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 employe 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.
Form 1 Award
No.
30052
Page 2 Docket
No.
CL-30629
94-3-92-3-401
Claimant, with over 38 years of service, was employed as a
Clerk-Operator at KC Tower. On August 29, 1990, Claimant was
instructed to attend an Investigation on September 2, 1990, to
answer the following charges:
"You are charged with responsibility in connection with Job Y-211 passing an absolute
signal conveying a stop indication without
permission in the vicinity of KC Junction
Tower, at Covington, Kentucky, at or about
1800 hours, on August 28, 1990, and with
failure to report to a supervising officer
that an absolute block signal, conveying a
stop indication had been passed without permission."
At the request of the Brotherhood of Locomotive Engineers, the
hearing was postponed until September 6, 1990. As a result of the
Investigation the Claimant was suspended for seven days for
violating CSX Operating Rule E which states as follows:
"Employees must render assistance in carrying
out the rules and special instructions and
must report any violation of the rules or
special instructions promptly to a supervising
officer."
It is clear from the record that the Claimant knew the train
crew had violated an Operating Rule and chose not to tell supervision, because he did not want to ge
While Claimant violated Rule E, this Board finds a seven day
suspension for a first offense after 38 years of service to be
excessive. Therefore we will reduce the discipline to a reprimand
and Claimant will be paid for all wages lost while suspended.
A W A R D
Claim sustained in accordance with Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: cZL.ro
--
Catherine Loughrin -~Xnterim secretary to the Board
Dated at Chicago, Illinois, this 17th day of February 1994.