Foam 1 NATIONAL F;AILROAD ADJUSTMENT BOARD Award No.
8018
SECOND DIVISION Docket No.
752+
2-BNI-EW-179
The Second Division consisted of the regular members and in
addition Referee Ralph W. Yarborough when award was rendered.
( System Federation No.
7,
Railway Employes'
Department, A. F. of L. - C. 1. 0.
Parties to Dispute: ( (Electrical Workers)
(
( Burlington Northern Inc.
Dispute: Claim of Employes:
1. That in violation of the current agreement Shop Electrician
J. T. Davey, King Street Coach Yard, Seattle, Washington, was
unjustly suspended fox ten (10) days from the service of the
Carrier on May 29,
1976.
2. That accordingly the Carrier be ordered to compensate Mr. Davey
fox
all time lost and the record of suspension be removed from
his personal record.
Findi Es:
The Second Division of the Adjustment Board, upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe ox 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.
Electrician James T. Davey., Claimant, is regularly employed by Carrier
Burlington Northern Inc.., at its Coach Yard facility at Seattle, Washington
as an Electrician, Upgraded. He reported
for
work at
3
P.M., on April
13,
1976,
did some work, then went to the locker room where he was engaged in
conversation with Electrician Segalla, when Assistant Foreman of Cars
Goddard and Hoey entered the room at
3:x+0
P.M., and Foreman Goddard issued
orders to Claimant Davey to go work on cars assisting Electrician De Long
who was then working alone. Claimant Davey contended that the orders
were contradictory, confusing and unsafe. A violent quarrel ensued between
Claimant Davey and Foreman Goddard. Claimant Davey did not obey the orders
issued, but turned in his time card and went home.
Form 1
Page 2
Award No.
8018
Docket No,
7524
2-Brn
-Ew-t79
Charges were filed against Claimant Davey and after
a
hearing with
Davey properly notified and represented, Claimant was assessed a ten day
actual suspension on a charge of "Failure to comply with instructions and
insubordination,".on April 13,
1976,
Upon a complete and careful review of this
154
page record, there is no
doubt that Claimant not only violently objected to the orders given by his
superior officer, but declined to obey them, turned in his time card, and
went home. If Claimant thought the orders unwise and conflicting, his
remedy was to comply as best he could, and file a grievance.' Claimant could
not take over the Foreman's job on the spot, and decide that the orders were
unworkable, and turn in his time card and go home. It would take only a
few instances like that on one line to temporarily paralyze a railroad.
The voluminous record, with numerous witnesses testifying, including the
Claimant and the Foreman, clearly substantiates the fact that Claimant was
given specific instructions by his Foreman, but, for his own reasons,
Claimant did not comply with them.
We find no adequate basis in the record for concluding that Claimant
was not guilty of the charges. He was given an adequate and full hearing,
and there are insufficient g:counds for this Board to set aside the Carrier's
assessment of discipline.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUST=r BOARD
By Order of Second Division
By l .G-
~i
~~
e arie Bra'sch - Adm:_nistrative Assistant
Dated at Chicago, Illinois, this 1st day of August,
1979.