Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7$45
SECOND DIVISION Docket No. 7759
2-C&O-FO-'79
The Second Division consisted of the regular members and is
addition Referee George S. Roukis when award was rendered.
( System Federation No. 4, Railway Employes'
( Department,
A.
F. of L. - C . I . 0.
Parties to Dispute: ( (Firemen & Oilers)
(
( Chesapeake and Ohio Railway Company
Dispute: Claim of Employes:
1. That under the current agreement Laborer Barry V. Shafer was
unjustly dismissed from the Carrier effective January 14, 1977·
2. That accordingly the Carrier be ordered to reinstate this employe
with seniority rights unimpaired, made whole for all health and
welfare and insurance benefits including Railroad Retirement
and unemployment insurance, vacation rigats unimpaired, made
whole for all lost wages including overtime he could have earned
and made whale for any other benefits he would have earned during
the time
he was held out of service from January
14, 1977.
Findings
The Second Division of the Adjustment Board, upon the whole record and
all the evidence, finds t:,At
The carrier or carriers and the employs or employes involved in this
dispute are respectively carrier and employs 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.
Claimant was charged with insubordination and disobeying his supervisor's
instructions when
he
left his fob without permission
on
November 20,
1976.
An investigative
hearing was
held on December
3,
1976at which time he
was found guilty
on
the specification and dismissed from service on Jeauax^r
14, 1977.
Claimant contends that he was not
given
adequate justification for this
termination and it was therefore arbitrary., unreasonable and as abuse of
managerial discretion.
Form 1 Award No. 78+5
page 2 Docket No. 7759
2-C&O-FO-'
?'9
err'
Our review of the investigative transcript does not support these
assertions. We find nothing in the record that shows that this hearing was
inconsistent with appropriate due process standards.
Claimant was found guilty of a very. serious offense that cannot be
tolerated in this critical industry. He left his fob at 5:00 A.M. despite
his supervisor's explicit refusal to grant him permission to leave at this
time. He was obligated to remain at his fob until the end of his shift
which was 8:00 A.M. That he chose to disregard his supervisor's decision,
is the absence of extenuating circumstances, was solely at his peril. It
was a volitional choice that was dust unacceptable.
We will not detail the many Second Division precedents dealing with
like infractions, except to note the relevance of Second Division Award x+782,
where we held in pertinent part, "Disobedience consists is taking the law
into one's own hands and is insubordination which is proper basis for
dismissal."
Claimant's behavior, is this instance, certainly falls within this
definitional holding. It cannot be construed as innocuous deportment. If
Carrier permitted its employee to disregard the work hours schedule, it
would impede rail operations and adversely affect the public interest.
Moreover, when we consider his conduct against his prior disciplinary
history we are compelled, of necessity, to deny the claim.
AWARD
Claim denied.
Attest: Executive Secretary
Rational Railroad Adjustment Board
NATION RAILROAD ADJUSTMENT BOARD
By Order of Second Division
BY
emasie Branch - Administrative Assistant
Dated at Chicago, Illinois, this 14th day of February,
1979.