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:


STATEMENT OF CLAIM:



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



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.








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.