The Third Division consisted of the regular members and in addition Referee Elizabeth C. Wesman when award was rendered.
The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee 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. 304489
The basic facts leading to this case are not in dispute. On October 22, 1991, Claimant held the position of Yard I Clerk and was assigned as a Yard Checker. His duties included obtaining initials and numbers for various tracks within the confines of the US Steel, Gary Works, Plant. He was also responsible for obtaining disposition of those cars. At or about 7:110 A.M. of the day before, a yard check, made of Track 137H had shown car WE 6061 as outbound. When Claimant made a check of Track 1-H on October 22, he listed the car as "outbound" as well. The car ultimately arrived in Carrier's Kirk yard. Sometime after its arrival a carrier officer discovered that it had been moved from the Gary Mill in error.
Following an Investigation held on November 21, 1991, Claimant was assessed ten demerits. The organization filed a claim on Claimant's behalf and it was subsequently processed in the usual manner. A Conference on the matter was held on March 13, 1992, after which it remained unresolved.
The record in this case indicates that Claimant was simply the last actor in a chain of mislablings of the car in question. The car was initially erroneously designated as outbound by the customer (US Steel), and was subsequently "confirmed" in its outbound status by a Yardmaster and by the employee who made the October 21, 1991, yard check. Claimant listed the car as outbound, even though it was not on his particular roster, based upon the "history" of the car included in his documentation, and the fact that WE 6061 was on a track normally designated as "outbound only" when Claimant encountered it. It is also unrefuted on the record that none of the other employees involved was disciplined in connection with this incident. In light of the foregoing, the Board does not find that Carrier has sustained its burden of proving Claimant guilty of the charges. Form 1 Award No. 30489
With respect to the Organization's request for compensation of Claimant for time spent at the Investigation, it has failed to provide evidence of any Rule or practice between the Parties that would allow for such a remedy. Accordingly, the claim is sustained only with respect to removal of the discipline assessed, and clearing any record of the charge from Claimant's personnel file. (See Third Division Awards 2505'7, 21310, and 22844.)
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) be made. The Carrier is ordered to make the Award effective on or before 30 days following the postmark date the Award is transmitted to the parties.