Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No- 7360
SECOND ='.1_SION Docket No. 7203
2-SPT-CM-' 77

The Second Division consisted of the regular members and in addition Referee Robert A. Franden when award eras rendered.

( System Federation No. 111+, Railway Employer'

( Department, A. F. of h. - C. T. 0.

Panties to Dispute: ( (Carmen)

(

( Southern Pacific Transportation Company

Dispute: Claim of T~-p?oyes:

1. That under the current agreement, Carman John b7. Miller, hereinafter referred to as the Claimant, vas unjustly deprived of his service rights and compensation when he was improperly discharged from service under date of March 1+, 1975 alter twelve (12) years of service with the Carrier.

2. That the Carrier be ordered to:

(a) Restore the aforementioned Claimant to service with all service anq seniority rights unimpaired, and be compensated for all time lost retroactive to "arch 1+, 1975 when he was unjustly removed from service,

(b) Grant to the Cla,iirart all vacation rights he would have had,

had he not been removed from service.

(c) Assume and pay all premiums for hospital, surgical and medical benefits, for Claimant and dependants. Including all costs for life insurance.

(d) Pay into the Railroad Retirement Fund the maxim-uma amount that, is required to be :paid for an active employe, for all tires he is he7_d our. of service.

Findings:

The Second Division of the Adjustment Board., upon the whole record and a1.1 the evidence, finds that

the carrier or carriers and the employe or employer involved. in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved juno 21., 1931.

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute waived right of appearance at hearing thereon.

14a/ -

Now

,w
Form 1 Award No. 7360
Page 2 Docket No. 7203
2-Slrl'-CM-' 77

Prior to the time of Claimant's dismissal, he was employed as a Carraan at Carrier's station of Thorne , lNeva?a. This dispute arose when... Claimant was charged, by letter dated February 14, 1975, as follows:

"You are hereby notified to be present in the office of the Agent, Thorne, Nevada, at 10:00 AM, Thursday, February 20, 1975, fox fo:.~nal hearing i n connection with. your allegedly absenting yourself from your duties as Freigi2t Caiman at Thorne, Nevada on Friday, February 14, 1975. and refusing to return to your assignment when instructed by Trairlimastex J. F'. Cody to do so, for w.11c1?_ occurence you are charged with responsibility which may involve violation of the first paxa,granh of F~:LI_e 810, and that portion of Rule 801 reading: 'Employes will not 'be retained in the service who are... indifferent to dutty, insuhord-J.nate...or who conduct themselves in a manner ·,~Thich would subject the railroad to criticism.' of the general Rules a?ad Regulations of Southern Pacific Transport,ati.on Company.

You are entitled to re P.resenta-I;ion in accordance with your agreement; and may bring to the inv~estIJgation such witnesses as you may desire."

We have reviewed the transcript of the hearing and find there to be more than suLs i:~antial evidence staols.shinr; the chaYyes against Claimant. The evidence shows that Cl ailravZt had been granted permission to leave his assignxuent early on 'ebruary !);.. I_975 by Car Fore-man Andersen after his woe°k at Thorne had been completed. The record fu.rt'nex shows that Claimant had been made aware that imr~or°tav.1t sh9_nments of explosives from the U.S. Navy ware to be made from Tiwrrqe on th~i.s day and that notwithstandin5~ this knowledge, Claimant left his assignment before he inspected those shipments. Carrier's Tr ainanaster Cody telephoned Claimant at his honie and instructed him to return to duty to inspect these :important shipments, and Claimant refused to do so.

This -Board has consistently held that insub-ordination is a very serious

offense which can justify disir2ssal. Such an offense is even more serious
where employes such as C;1a;_:,~:~ t, the only employe of his craft at Thorne,
rej`use to be coonerative and follow instructions from an officer of Carrier
to perform work o?.' his craft ,;rhich -via,s essential to Carrier's responsibility
to an iwportant shipper. In fact, the record. clearly shows that it was
essentI -..a1 that the shipments of explosives be inspected on February 14 so
that they could. be shipped irsnediately.
vmwe- -

4ow

vo

0

.A
Form 1 Award No. 7360
page 3 Docket No. 7203
2-sI-IT-CM-' 77

We have reviewed the corresrondence between the parties and find that at an early ti me in the progression ~ of the di spate on the property, Claimant was offered reinstatement on a leniency basis on the condition that he not exercise his seniority at Thorne due to his demonstrated inability to be cooperative with the personnel at the iavT Ar~rnxnition Depot at Hai;rthorne and because of his demonstrated inability to work independently. Claimant refused this offer. This offer eras again made by Carrier's highest officer and refused by Claimant.

Claimant apparently has an othe;:-orise good previous record with Carxwier. Considexint; this and the record of this d.ispute in its entirety, we have concluded that Claimant should be no;,- reinstated with seniority unim,
aired, but without any corqcetysation or any other. bcne-fits fox the tire he has been out of service. In so doing, we admonish Pit. Miller that if he wishes to retain his position v;:i_tb. the Carrier, he ~~rill have to act responsibly and with flexibility 3.n c,.r tying o'~t his responsibilities as a Carman. Carrier has a-very _iznporzant responsibility to its cv_storzers to handle their shipments pro.nptly and efficiently, and if Claiz:=a?zt is unable to cooper. ate in this i.zrpa:~tant responsibility, he does not deserve to be retained in the service.

A 11 A R D

Claim sustained to the extent set forth in the opinion.

NATIONAL RAILRO^D ADTLJST'dM4T BOARD

By Order of Second Division

Attest: Executive Secretary
National Railroad Adjustment Board

._~

Brasch Assistant

Dated CChicago, Illinois this 0th day of Se tezneer, 1977.

d , 3 S p

". .