Form 1
PARTIES TO DISPUTE:
STATEMENT OF CLAIM:
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 33181
Docket No. CL-33952
99-3-97-3-378
The Third Division consisted of the regular members and in addition Referee
Elizabeth C. Wesman when award was rendered.
(Transportation Communications International Union
(National Railroad Passenger Corporation (AMTRAK)
"Claim of the System Committee of the Organization (GL-11761) that:
Carrier acted in an arbitrary, capricious and unjust manner in
violation of Rule 24 of the Agreement, when by notice of October
13, 1995, it assessed discipline of `Termination from Service'
against Claimant Donna Hogan, pursuant to an investigation held
on October 5, 1995.
2. Carrier shall now reinstate Claimant to servicewith seniority rights
unimpaired and compensate Claimant an amount equal to what she
could have earned, concluding but not limited to daily wages,
holiday pay and overtime, had discipline not been assessed.
FINDINGS:
Carrier shall now expunge the charges and discipline from
Claimant's record.
Carrier shall now reimburse Claimant for any amounts paid by her
for medical, surgical or dental expenses to the extent that such
payments would be payable to the current insurance provided
Carrier."
The Third Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
Form 1
Page 2
Award No. 33181
Docket No. CL-33952
99-3-97-3-378
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.
herein.
This Division of the Adjustment Board has jurisdiction over the dispute involved
Parties to said dispute were given due notice of hearing thereon.
On August 2, 1995, Claimant was on duty as an Extra Board Ticket Agent
assigned to the Millbrae Station selling tickets for Caltrain. She sold a ticket to Caltrain
customer Frederick Ohly, Associate General Counsel for Amtrak, who purchased a
ticket to ride the train from Emeryville to San Jose. While transacting the ticket
purchase, the Claimant and Ohly held a brief conversation. During this conversation
the Claimant made derogatory comments about Amtrak management. Claimant was
charged with misconduct and terminated from service by the Carrier that same day for
allegedly violating Amtrak's Rules of Conduct F-1 and F-3. A subsequent Hearing
sustained the following charges:
(1) "Your alleged failure to follow Amtrak's Rules of Conduct, Rule F-1,
which reads in part, `All employees are required to conduct themselves in
a courteous and professional manner in dealing with the public and other
Amtrak employees..."'
(2) "Your alleged failure to follow Amtrak Rules of Conduct F-3, which
read in part, `. . . Employees must conduct themselves on and off the job
so as not to subject Amtrak to criticism or loss of good will."'
Carrier maintains that Carrier official Ohly did not identify himself as a Carrier
agent before Claimant made the disparaging remarks about Amtrak Managers.
Claimant said the words were spoken to Ohly with her belief that he was a Carrier
official, not an agent of Amtrak. In any case her speech was intemperate, and there is
no indication on this record that Claimant actually confirmed her "assumption" that
Mr. Ohly was a Carrier employee. Carrier has the right to exemplary conduct from
employees in contact with the public, and Claimant is no exception to that right. A
review of her record, however, indicates that, by and large her conduct has been more
-410
than satisfactory - and includes letters from customers commending the service she
Form 1
Page 3
Award No. 33181
Docket No. CL-33952
99-3-97-3-378
rendered on Carrier's behalf. In light of that fact, and her long tenure with Carrier, the
15 month suspension is excessive. Accordingly, her discipline is reduced to six months
actual suspension.
AWARD
Claim sustained in accordance with the Findings.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimants) 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.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 25th day of March 1999.