Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37390
Docket No. SG-38055
05-3-03-3-452
The Third Division consisted of the regular members and in addition Referee
Francis X. Quinn when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Canadian National Railway (Grand Trunk District)
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Canadian National (formerly CN/Grand
Trunk Western):
Claim on behalf of T. L. Stewart, for him to be made whole for all
time and benefits lost, account Carrier violated the current
Signalmen's Agreement, particularly Rule 42, when it failed to
provide a fair and impartial investigation evident when Carrier
issued unwarranted discipline against the Claimant without first
meeting its burden to prove the charges as a result of an
investigation held on October 2, 2001. Carrier's File No. 8390-1-141.
General Chairman's File No. 02-60-GTW. BRS File Case No.
12720-GTW."
FINDINGS:
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.
Form I Award No. 37390
Page 2 Docket No. SG-38055
05-3-03-3-452
Parties to said dispute were given due notice of hearing thereon.
Thomas L. Stewart, employed in the Signal Department since May 18, 1992,
was attending a class on September 24, 2002, when he was charged with a violation
of General Rules B, H, and I for quarrelsome, discourteous, and belligerent conduct
toward Supervisor R. J. Posler. The focus of the exchange was the fact that the
Claimant had parked his company vehicle contrary to policy by not backing into a
parking space. A second exchange occurred after lunch when the incident was
reported. The record indicates that both parties share responsibility for the
discourteous exchange. Employees are to be observant of Rules and regulations.
Likewise, there is no need for a supervisor to belittle or treat subordinates with
disrespect. The penalty invoked by the Carrier was excessive. The level of
discipline depends on many factors, including the nature and consequences of the
offense and the clarity of the Rule. Discipline must bear some reasonable relation to
the seriousness or the frequency of the offense. Discipline in this case is reduced to
ten days.
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 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.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 24th day of February 2005.