Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7221
SECOND DIVISION Docket No. 7070
2 -NbW -CM-' 7 7
The Second Division consisted of the regular members and in
addition Referee Gene T. Ritter when award was rendered.
( System Federation No. 16, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
(
( Norfolk and Western Railway Company
Dispute: Claim of Employes:
1. That under the applicable Working Agreement Carrier unjustly
dismissed Carman Robert J. Saulters on October 29, 1974, at
Chicago, Illinois, and in the handling of the claim on the
property, Carrier violated Article V (a), National Agreement
dated August 21, 1954.
2. That Carrier be ordered to reinstate Carman Robert J. Saulters,
compensate him for all time lost beginning October 6, 1974, the
day he was unjustly withdrawn from service, make him whole for
seniority rights, vacation rights, sick benefits, health and
welfare and life insurance benefits and all other benefits he
would have received had he not been unjustly dismissed.
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 Record in this case discloses that Claimant was dismissed from
service of Carrier for insubordination. The Record discloses that Claimant
refused to work the head end of the yard and persistently refused to comply
with his Supervisor's instructions to work the head end assignment. After
the fourth refusal by Claimant to accept the head end assignment, Claimant
was relieved from duty. As a result of this incident, a formal investigation
was held resulting in Claimant being dismissed from service. This Board
finds that the Claimant received a fair hearing and that the punishment
imposed was justified. Insubordination is one of the most serious violations
that can be perpetrated by an employee. If an employee were permitted to
decide for himself how he is to react in a given situation, chaos and confusion
would reign in the industry and the entire grievance .procedure replaced with
extra-contractual methods. However, this Board feels that the discipline
Form 1
Page 2
Award No. 7221
Docket No. 7070
2 NEW-CM- ' 77
imposed has served its purpose and that the Claimant should be reinstated,
without pay, but with all other rights restored. This Claimant should
accept the action of this Board in reinstating him to service as a final
opportunity to become a dependable employee.
A W A R D
Claim sustained to the extent indicated in the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
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'l1'..i
7osemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 25th day of January, 1977.