Form 1 NATIONP.h RAILROAD ADJUSTMEIJT BOARD Award
Tuo, 79J_3
SECOND DIVISION Docket No.
7901
2-MP-TTA-'
79
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when ai~rard was rendered.
( International Association of Machinists and
( Aerospace Workers
Parties to Dispute:
(
( Missouri Pacific Railroad Company
Dispute: Claim of Elrnployes:
1. That the Missouri Pacific Railroad Company violated the controlling
Agreement, particularly Rule
32,
when they unjustly suspended
Machinist E. P. Sparr from service for
30
days effective 3:00 a.m..,
July
29, 1976
until 3:00 a,m., August
28, 1976,
for allegedly
failing to conduct his duties as a Machinist Inspector, failing
to return to his assigned duties when ins t!ucted to do so and
responding in an angry and insubordinate manner to General
Foreman J. W. Weber on July
29, 1976.
2. That accordirk-,ly, the Missouri Pacific Railroad Company be
ordered to compensate Machinist E. P. Span in the asrount of
eight
(8)
hours pay at a Machinist's pro rata rate of Pay for the
30
days he was suspended effective 3;00 a.m., July
29, 1976
until
3:00
a.m., August
28, 1976,
In addition, he shall receive all
benefits accruing to any other e-rnloyee in active service,
including vacation rights and seniority unir:paired.
3.
Claim is also made for Machinist F;, P. Sparr's actual loss of
payment of insurance on his dependents, and hospital benefits
for himself, and that he be made whole for pension benefits,
including Railroad Retirement and Unemployment Insurance.
4.
In addition to the money claimed herein, the Carrier shall pay
Machinist E. P. Spars an additional sum of
6;~-
per annum, com
pounded annually on the anniversary date of said claim, in
addition to any other wages earned elsewhere in order that he
be made whole.
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 etnploye -within the meaning of the
Railway Labor
Acv
a;; approved June
21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Form 1 Award No.
7913
Page 2 Docket No.
7901
2_Mp..Tf~-'
79
Parties to said dispute waived right of appearance at hearing thereon.
Claimant was assessed thirty days actual suspension "for your failure
to conduct your duties as a Machinist inspector and your failure to return
to your assigned duties when instructed to do so and responding in an
angry and insu'bordina.te manner" to his General Foreman.
Claimant was suspended from duty at the time of the incident on
July 29, 176, and, after an investigative hearing on the matter, his
suspension continued to run until completion of the thirty days on
August 28, 1976.
The Organization protests both the conduct of the hearing and the
nature of the charges made against the Claimant by the Carrier. Upon
examination of the record, the Board finds that the hearing afforded the
Claimant full opportunity to defend himself against the charges and that
the charges themselves were sufficiently specific so that an ample defense
could be prepared.
Testimony of the General Foz°e_man and Clerk who was present, as well
as some of the testLnon;,T of witnesses produced by the C1aLmant, convince
the Board that the Claimant acted in an abusive and non-r espensi ve .?tanner
to the General F ore!r.:wn and that, rather than following iinstruc tJ.ons, he
continued to offer verbal abuse to his superior. Such conduct, if per:.^~itted.
to go unnoticed and unchecked, would gravely affect the supervisoremployee relationship. The penalty levied is not excessive, and the Board
finds no reason to disturb the Carrier's disciplinary action against the
Claimant.
A Z^I A R D
Claim denied.
ISATIOnriL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
G_-
,-
RcSsetttarie Bra,sch - ACLTninistx~ative Assistant
Dated
L
Chicago, Illinois, this 9th day of May,
197.