Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7862
SECOND DIVISION Docket No.
7658
2-L&N-MA-'79
The Second Division consisted of the regular members and in
addition Referee Dana E. Eischen when award was rendered.
( International Association of Machinists and
( Aerospace Workers
Parties to Dispute'
(
( Louisville and Nashville Railroad Company
Dispute: Claim of Employes:
That under the terms of the Agreement, Machinist J. L. Bellaphant was
unjustly suspended from the service of the Louisville and Nashville
Railroad Company on the date of May
19, 1976,
pending investigation.
Investigation was held on June 10,
1976.
On July
7, 1976,
he was
notified that he was dismissed from the service of the Louisville &
Nashville Railroad Company.
That accordingly, Machinist Apprentice James L. Bellaphant be restored
to service with pay for all. time lost, seniority rights, vacation,
insurance, and all other rights unimpaired, beginning with. his dismissal
June 10,
1976
and continuing until the matter is settled.
Findings:
The Second Division of the Adjustment Board, upon the whole record and
all the evidence, finds that:
The carrier ox 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,
193+.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Following proper notice and investigation, Claimant was dismissed from
service of the Carrier on the following charges:
"Refusing
to answer roll call on the morning of Pay
19, 1976
also with being belligerent and disrespectful to Acting
Section Manager S. W. gauze, Department Manager C. J.
Pittroff, and Division Manager J.W. Lile, on the morning
of May
19, 1976,
in refusing to talk to them without Local
Chairman being present. Further charged with being loud
and belligerent when called to the truck gang office on
the morning of May
19, 1976."
Form 1 Award No. 7862
Page 2 Docket No. 7658
2-L&N-MA-' 79
Review of the record evidence persuades us that Carrier adduced substantial
probative evidence to support its finding that Claimant was guilty as charged.
Specifically, he refused to answer roll call on the morning of May 19.,
1976, but rather stood silent as his name was called three times by his
supervisor. When queried about his silence by successively higher levels
of local management Claimant loudly and belligerently stated his refusal
to answer any questions absent the presence of his Union representation.
As we view the record, Claimant's proven misconduct was unjustified and
unmitigated. Beyond doubt he was insubordinate in refusing to respond or
speak in the face of reasonable inquiries about his strange behavior from
his duly authorized supervisors. We note that he was not the target of
supervisory harrassment nor was he under investigation when he refused to
answer or respond to his supervisors. There is no merit in his assertion
that he could refuse to obey a reasonable order unless his Union representative
was present. Not only did he refuse to o'aey but his belligerence and
truculent disrespect exacerbated the seriousness of his offense. By his
actions he made himself vulnerable to dismissal arid we can find no basis
upon which to reverse Carrier's decision to discharge him.
A WAR D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
r
a~.
Bsemarie Brasch - =nis~rative Assistant
V
Dated t Chicago Illinois. this 7th day of March, 1978.