Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37442
Docket No. SG-36712
05-3-01-3-268
The Third Division consisted of the regular members and in addition Referee
Robert Perkovich when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Springfield Terminal Railway Company
STATEMENT OF CLAIM:
"Claim on behalf of the General Chairman of the Brotherhood of
Railroad Signalmen on the Springfield Terminal Railway Company
(STRC)):
Claim on behalf of W. J. Santini for payment of all lost time and
benefits and for his personal record to be cleared of any reference to
this matter. Account Carrier violated the current Signalmen's
Agreement, particularly Article 19, when on June 30, 2000 Carrier
suspended the Claimant from service from September 18 through
22, 2000 in connection with an investigation held on June 19, 2000.
Carrier failed to meet its burden of proof. Carrier File No. S-00-02.
BRS File Case No. 11667-STRC."
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. 37442
Page 2 Docket No. SG-36712
05-3-01-3-268
Parties to said dispute were given due notice of hearing thereon.
The Claimant was at all material times herein a Signal Maintainer. On May
16, 2000, he struck a magnetic antenna mounted on the rear of a truck when he
entered the back of the truck on his hands and knees. In doing so he was struck in
the eye. Seven days later, he was charged in an Investigation for "responsibility...
for making incomplete, misleading and/or false statements concerning the . . .
injury. . . ." Following completion of the Investigation, he was deemed in violation
of Carrier Rules that require the exercise of care to avoid injury, alertness,
attention, and observation and the use of common sense to avoid injury. He was
given a four day suspension.
In our view, the suspension should be set aside. It is axiomatic that discipline
must be proportionate to the offense so as to avoid the conclusion that it is punitive.
In light of the Claimant's unblemished record, a suspension is excessive and
punitive. The Claimant cannot, however, escape discipline for his apparent failure
to exercise care. We find that a written reprimand is adequate to serve the remedial
purpose of discipline.
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 22nd day of March, 2005.