Form 1 NATION.\L RAILROAD ADJI'STMENT BOARD
rl11RD DIVISION
Award No. 31876
Docket No. CL-32014
97-3-94-3-378
The Third Division consisted of the regular members and in addition Referee
John C. Fletcher when award was rendered.
(Transportation Communications International Union
PARTIES TO DISPI'TE:
(National Railroad Passenger Corporation (AMTRAK)
STATEMENT OF CLAI·I:
"Claim of the System Committee of the Organization (GL-11066) that:
1. The Carrier acted in an arbitrary, capricious and unjust manner
and in violation of Rule 24
of
the Agreement when, by notice
of
September 9, 1992, it assessed discipline
of
ten (10) days suspension,
five days to be served and five days to be held in abeyance for a
period of six months, against Reservation Sales Agent Michael
Bussa.
2. The Carrier shall,
if
he is ever required to serve the suspension, be
immediately required to reinstate Claimant to service with seniority
rights unimpaired and compensate him an amount equal to what he
could have earned, including but not limited to daily wages,
overtime and holiday pay, had discipline not been assessed.
3. The Carrier shall now expunge the charges and discipline from
Claimant's record."
FINDINGS:
The Third Division
of
the Adjustment Board, upon the whole record and all the
evidence, finds that:
Form 1 .award No. 31876
Page 2 Docket No. CL-32014
97-3-94-3-378
The carrier or carriers and the employee or employees involved in this dispute
are respecti-ely carrier and emplo%ee within the meaning
of
the Railway Labor Act, as
approved June 21, 1934.
This Division
of
the.%djustment Board has jurisdiction over the dispute involved
herein.
Parties to said dispute Here given due notice of hearing thereon.
Claimant was disciplined for being discourteous to a customer while dealing with
her on the telephone. The record is conclusive that Claimant was indeed discourteous,
and, indeed. called her back wben there existed absolutely no sound business reason for
doing so. The discipline assessed. modest in the circumstances, will not be disturbed.
.i WA RD
Claim denied.
QBnEB
This Board, after consideration
of
the dispute identified above, hereby orders that
an award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order
of
Third Division
Dated at Chicago, Illinois, this 4th day
of
March 1997.