(Advance copy. The usual printed copies will be sent later.)
Parties
Dispute: Claim of Employes:
NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
The Second Division consisted of the regular members and in
addition Referee Robert A. Franden when award was rendered.
( System Federation No. 21, Railway Employes'
( Department, A. F. of L. - C. I. 0.
( (Carmen)
(
( Southern Railway Company (Central of Georgia)
Award No.
6518
Docket No.
6374
2-soU-CM-
' 73
1. That under the current Agreement, Carman James E. Lawrence,
Columbus, Georgia, was unjustly suspended from service from
September 25, 1971 through October
4, 1971.
2. That accordingly, the Carrier be ordered to pay Carman
James E. Lawrence, Columbus, Georgia for all time lost from
September
25, 1971
through October
4, 1971.
Findings:
The Second Division of the Adjustment Board, upon the whole record and
11 the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employe 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.
Claimant was suspended from the service of the carrier for ten days
for failure to comply with the instructions of his foreman.
In the course of repairing a car it became necessary to jack the
car. The claimant was instructed by his foreman as to how to jack the car.
A dispute arose between the claimant and the foreman as to how the jacking
procedure was to be accomplished. The claimant insisted that the procedure he
used was safer than that required by the foreman. At the time of the dispute
the foreman and claimant consulted with the general foreman who after
acquainting himself with the facts of the dispute, instructed the claimant to
use the procedure as instructed by his foreman. Claimant again refused and he
was at that time held out of service pending the investigation. The investigation
was held after proper notice and the discipline assessed.
t
Form 1 Award No. 651$
Page 2 Docket No.
6374
2-SOU-CM-'73
Claimant alleges that the carrier violated Rules 35 and
36
of the
Agreement between the parties.
"RULE
35
DISCIPLINE
No employe shall be disciplined without a fair hearing by the
carrier. Suspension in proper cases (the proper case is one where
leaving the man in service pending an investigation would endanger
the employe or his fellow employes or company interest) pending a
hearing, which shall. be prompt, shall not be deemed a violation of
this rule. At a reasonable time prior to the hearing, such employe
and the duly authorized representative will be apprised of the
precise charge in writing and given reasonable opportunity to
secure the presence of necessary witnesses. If it is found that
an employe has been unjustly suspended or dismissed from the service,
such employe shall be reinstated with his seniority rights unimpaired, j
and compensated for the wage loss, if any, resulting from said suspension
or dismissal.
RULE 36
ESTABLISHING COMPETENCY
i
An employe who has been in the service of the railroad thirty (30) days
shall not be dismissed for incompetency,, neither
shall an
employe be
discharged for any cause without first being given an investigation."
i
The transcript of the investigation
which is
part of the record
substantiates the charge that the claimant failed to comply with instructions.
The Claimant's contention that his method of jacking the car was "far Safer"
is not supported by the record. It is generally held in this industry that
absent a showing of just cause personnel must comply with supervisory directives.
We find nothing improper in the Carrier suspending, pending the hearing under
Rule
35,
an employe who refuses to obey the instructions of his supervisors.
We find no violation of Rule
35
by the Carrier's action.
Rule 36 is not applicable in that the competency of claimant was
not in question nor was he
discharged.
i
A W A
R
D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
C. %C.-~c.'
Executive Secretary
-Lted at Chicago, Illinois, this 18th day of June., 1973.