C:\AWARDS\OUT\2-08019.htm

Foam 1 NATIONAL RAILROAD ADJUSfiTEN.L' BOARD Award No. 8019 SECOND DIVISION Docket No. 'T789 2-NRTC -LMT-'79

The Second Division consisted. of the regular members and in addition Referee James F. Sce:arce when award was rendered.

( System Federation No. 1, Railway Employes' \

Department, A. F. of Z. - C. I. 0. Parties to Dispute: ( (Electrical Workers) ( ( National Railroad Passenger Corporation Di ate: Claim of Exgmloyes:

1. That under the terms of the controllin'- agreement., Electrician J. J. Thompson vas unjustly d:isLnussed from the service of the National.. Railroad

Passenger

Corporation an July

1971.

.

?. That,, accordingly,,, the TTati orza:L Railroad Passenger Corporation (X2:i'~4K) be ordered to reinst;te disnissed Electrician J. J. Tho~qpson to their serv-l.ce sTi.i:h all riE;T:ts unimpaired and reimbursed for nal; "aE;es lose. Findings: The Second. Division of the Adjuctinent Board, upon the whole record and all the evidence, finds that: The carrier or carriers anal the ex, * ploye or e2nployes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved dune 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. The record of the case makes it sufficiently clear that the Claimant committed a cardinal error in his reaction, or lack of it, to a reasonable managerial decision: he was instructed to exercise his seniority rights to another position as a result of a realignment. It is incumbent upon an employee to carry out a reasonable order ands if an error in judgment is contended, to raise such objection via the grievance procedure. The exception to this well-established axiom is where such an order would place the employee or others in jeopardy; no such circtmstance is evident here. It is sufficiently established that the Carrier even afforded the Claimant an opportunity to review the management directive relative to exercising his seniority before such action was to take place; he failed to properly utilize that opportunity. The Claimant compounded his error by his demeanor later that day and at the meeting convened to discuss the matter. Such. untoward behavior could gain for him even more stringent discipline, given the gravity of such offense. Form 1 Page 2 Award No. 8019 Docket No. 7789 2-NRPC-EW-'79 We find no error in the Carrier's handling of this matter, but yre shall afford the grievant a "last chance" opportunity to demonstrate himself as a productive and cooperative employee. Such reinstatement will. not be accompanied by back pay, but the Claimant `s seniority shall be restored intact, A W A R D Claim upheld as set out in the Findings. NATIOiVA.L RA TLROAD ADJUSTI,1ENT BOARD By Order of Second Division Attest: Executive Secretary National Railroad Adjustment Board Jay LFos'etiarie Brasch -- Aa~ninistrative Assistant Dated at Chicago, T112nois, thi;> 1st day of Augitst 9 1979.