Form 1 NATIONAL RAILROAD ADJUSTNE17T BOARD Award No. 0'910
SECOND DIVISION Docket No.
6811
2-CMStP&P-MBA-'
75
The Second Division consisted of the regular members and in
addition Referee Harold M. Weston when award was rendered.
( International Association of Machinists and
( Aerospace Workers, A.F.L. - C.I.O.
Parties to Dispute:
( Chicago, Milwaukee, St. Paul and Pacific
( Railroad Company'
Dispute: Claim of Employes:
1. The Carrier improperly suspended Roger Pryor, Machinist
Helper, Milwaukee, from service for a period of seven days
extending from January 21 to January 27,
1974
inclusive.
2. The Carrier will now compensate Roger Pryor for payment
of all wages lost while suspended from service during the
period January 21 to January 27,
1974
inclusive, and for
other benefits during this period including credit for time
lost during this period for vacation and other rights.
Findings:
The Second Division of the Adjustment Board, upon the whole record
and all 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 waived right of appearance at hearing
thereon.
The present claim challenges the propriety of a seven day suspension
administered to a machinist helper for refusing to obey a direct order
of his immediate supervisor to operate the boom crane at Roundhouse No. 2
in Milwaukee, Wisconsin.
The record establishes that Claimant did refuse to carry out a clear
order given to him by Foreman Urbanski to operate the boom crane to help
the B and B 'Gang erect a wooden beam in Roundhouse No. 2. The work was
required in order to reinforce the roof before the construction company
came to remove a section of the roof structure. When asked by the Foreman
to do the work, Claimant replied that he would not because the building
Form 1 Award. No. 6910
Page 2 Docket No.
6811
2-CMStP&P-MA-'75
was under construction and unsafe and after the Foreman walked away and
Claimant's committeeman approached Claimant, the latter explained that
"the area was under construction and there were no lights and you couldn't
see the controls on the boom crane and I wasn't familiar with operating
the boom crane every day and I thought that I did not want to hurt anybody
in the immediate area because I couldn't see which controls and the end
of the crane."
Particularly on railroads where operations are so frequently farflung, it is important to uphold and enforce strictly unambiguous orders
by competent authority to employes. As we have consistently ruled, if
an employe considers an order improper or unreasonable, his proper course
is nevertheless to comply with the order immediately and, if he desires,
to contest it later through the orderly processes of the grievar_c,e
machinery. The realistic wisdom of this principle is quite apparent and,
as noted above, it will be strictly enforced.
An exception to this rule exists when compliance with an order may
reasonably subject the employe to physical danger. We are not satisfied
from this record that Claimant's expressed concern as to safety was groundless, contrived or merely an afterthought. N?o other employe carried out
the order until floodlights had been brought in by Carrier to light up
the area. There is no indication that Claimant was merely using the
condition to avoid. work or defy management.
The record supports Claimant's expressed concern and we do not find
that under the circumstances of this case his failure to detail all the
grounds for his concern.in his brief conversation with the Foreman defeat;
the claim. There appears to have been a reasonable basis for Claimant's
fear, as a machinist helper who did not have daily experience with the
crane, that its operation under the conditions existing at the time he
was given the order involved immediate peril to himself and possibly other
employes.
A W A R D
Claim sustained.
Attest: Executive Secretary
National Railroad Adjustment Board
By
k--11
Rosemarie Brasch - Administrative Assistj6dt
Dated at Chicago, Illinois, this 15th day of August, 1975.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division