Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7281
SECOND DIVISION Docket No.
7163
2-WT-CM-'77
The Second Division consisted of the regular members and in
addition Referee David P. Twomey when award was rendered.
( System Federation No.
106,
Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
(
( The Washington Terminal Company
Dispute: Claim of Employes:
1. That under the current agreement, Car Cleaner C. W. King was unjustly
and capriciously dealt with when he was removed from the service
of the Washington Terminal Company pending hearing and dismissed
effective December
3, 1975.
2. That accordingly, the Washington Terminal Company be ordered to
return Car Cleaner C. W. King to the service of the Washington
Terminal Company with seniority and vacation rights unimpaired
and compensated for all time lost since November 10,
1975.
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 Claimant, Car Cleaner C. W. King, an employee with a short service
record, was charged and found guilty of:
"Insubordination by refusing to follow instructions given
to you by your Supervisor at 11:00 A. M. on November 10,
1975."
The Organization contends that the Claimant was not guilty of insubordination, and that the Carrier's action in this instance is arbitrary, capricious
and excessive. We find that there is substantial probative evidence in the
record before us to support the finding of guilt, including the Claimant's
own testimony:
Form 1 Award No.
7281
Page
2
Docket No.
7163
2-WT-CM-'77
" He was telling me to do something. I told him he
wasn't telling me to do anything, he was asking me."
We find that the discipline of dismissal in this case is excessive, and
we order that the Claimant be restored to service with all rights unimpaired,
but without back pay. We believe that the discipline has served its purpose,
and that the Claimant will now both value his job and recognize his responsibility to follow all lawful orders of his superiors.
A W A R D
Claim sustained as set forth in the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
I
marie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 5th day of April,
1977.