Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 37453
Docket No. TD-38002
05-3-03-3-449
The Third Division consisted of the regular members and in addition Referee
Gerald E. Wallin when award was rendered.
(American Train Dispatchers Association
PARTIES TO DISPUTE:
(Indiana Harbor Belt Railroad Company
STATEMENT OF CLAIM:
"This is an appeal of Charging Officer, G. J. Kuta, Manager Train
Operations, decision dated November 8, 2002 to assess 30 days
suspension to Train Dispatcher William H. Branch, Jr. as a result of
the formal investigation that was held on October 29, 2002.
In summary, because of the Carrier's violation of the Claimant's due
process this discipline should be overturned. It is the position of the
Organization that the discipline assessed the Claimant was excessive
and discriminatory in nature and should be overturned, the Claimant
reinstated with full compensation for all time lost as a result of these
charges and his record cleared of any mention of these charges."
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.
Parties to said dispute were given due notice of hearing thereon.
Form 1 Award No. 37453
Page 2 Docket No. TD-38002
05-3-03-3-449
The Claimant received a 30-day suspension for directing the crew of Train No.
CNIC 7076126 to violate the hours of service (HOS) Act at approximately 5:45 A.M. on
September 28, 2002 and for failing to report the situation to his supervisor.
Our review of the record fails to reveal any procedural irregularities of
significance. The record contains substantial evidence in support of the primary
charge. The matter came to light after an FRA Inspector contacted the Carrier about
the HOS violation after the train crew apparently reported the incident to the FRA. A
copy of the radio conversations between the Claimant and the train crew, which was
cross-referenced with a train operations report showing the times the train entered and
left applicable blocks of track, establishes the actions of those involved. The train crew
warned the Claimant that they were running out of time and did not believe they could
complete the Claimant's movement plan in their remaining time. At one point, the
train crew directly asked the Claimant, "I'll be expired on the hours of service there.
You're telling us to violate the hours of service, is that correct? Over." To which the
Claimant replied, "To clear the crossings, over." Additional excerpts from the radio
transcript confirm the situation. The Claimant's failure to report the situation is also
supported by substantial evidence in the record.
Given the nature of the Claimant's conduct, we find the disciplinary penalty
imposed to have been reasonable.
AWARD
Claim denied.
ORDER
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 22nd day of March, 2005.