C Docket No. CL-$191
0 Award No, 12
P
Y SPECIAL BOARD OF ADJUSTMENT N0. 177 (PRR)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
Dis&line of three daysp-suspension imposed upon W. A. Acey, Stower,
Philadelphia ransfer, Philadelphia, Pennsylvania, Philadelphia Terminal Division,
be removed and that he be reimbursed for all monetary loss sustained. (Docket E-929)
FINDINGS: Claimant who was employed as Stower at Philadelphia Transfer was dis
ciplined by three dayst suspension on charge that he did not step
down the lading in car prior to closing for forwarding.
At the trial the Assistant Agent stated that while making inspection of
the stowing of cars to make sure they were in proper order for forwarding he found
that there were several pieces of carton freight labeled q1fragile" and "extra
fragileP? stacked up without being stepped down or leveled off in a car located at
Spot 426 which was in charge of Claimant as Stower. He took a photograph showing
the bad order of the lading, which was put in evidence at the trial, and called
another employe-to step down and level off the lading after seeking in vain to
locate Claimant, since the time for closing the car doors was 4:15 P.M. and it
was then 4:0$ P. M. He looked through the section and repeatedly called Claimant
until 4:25 P.M. without finding him in that vicinity. His statement was supported
by the statement of the Tallyman who was called to level off the lading.
At the trial Claimant did not deny that he failed to step down or level.
off the lading but through his representative gave excuse that he found his way
barred by a closed door at 526 Spot so had to take the long way around. He gave
no further explanation to show how much extra time was required to go around and
did not otherwise explain why he was unable to get to the car before closing time.
Claimant9s guilt was admitted, his excuse was inadequate, the trial was
fair and penalty not excessive.
AWARD: Claim denied.
/s/ R. H. Skinner.-Jr,
R, H. Skinner, Jr., Carrier Member S. V. W. Loehr, Employe Member
/s/ Mortimer Stone
Mortimer Stone - Chairman