SPECIAL BOARD Ox r:JUSTMENT N0.
1,21.
THE ORDER OF RXILROAD Ti~HERS
Nfl9=YORK CENTRAL RAILROAD, EASTr,RN.DfSTRICT
(Except Boston aril Albany Division)- and
ND? YORK DISTRICT
STATFMT OF CLAIM:
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A,
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AWt'tD N0. 43
CASE No. 43
SU-9759-8
1. Carrier violated the terms of the agreement between the parties when,, without
just cause, it dismissed t^?. 0. Grumpton from service on December 27,
1963.
2. Carrier shall be required to restore W. 0. Crumpton to service with all rights'
unimpaired, clear his record and pay him for all time lost, and for time consumed and expenses
incurred attending the investigation on December
19, 1963.
3.
Carrier violated the terms of the Agreement between the parties when, on December 27,
1963,
it assessed a 15 day
suspension upon
the record of A. Antonucci.
4. Carrier shall be required to clear the record of A. Antonucci and pay him for
time consumed and expenses incurred attending the investigation on December
19, 1963.
OPINION OF BOARD:
Claimant Crumpton was dismissed on the ground of having violated Operating Rule 551
in connection with a collision between Train
863
and track maintenance equipment on December
14, 1963.
A 15 day suspension was assessed against the record of Claimant Antonucci on
the ground that he violated Operating Rule
853
in connection with the same accident.
The evidence is sufficient to warrant disciplinary action against Claimant Crumptop.
Under the circumstances, however, we are of the opinion that dismissal is an excessive penalty
for an employee with over 25 years of service. We will hold that Claimant Crumpton shall be
reinstated without back pay but with seniority rights unimpaired; that he shall be placed on
the extra list and restricted to other than tower service; and that he shall be granted such
vacation as may have been earned. ,'
Antonucci.
The evidence is sufficient to justify the disciplinary action taken against Claimant
At'ARD: .
The award on Parts 1 and 2 of the claim is as stated in the above Opinion of Boards
Parts
3
and
4
of the claim are denied. '
Lloyd H.
B 1erp Chairman
L, Faulds,, Carrier Member R. J. W n, Dnploya Member