C:\AWARDS\OUT\2-08027.htm

Form 1 Award No, 8027
Page 2 Docket No. 8029
2-cR-Ew-`79

When claimant was unable to find the required lugs, he looked up their part number. After asking the storeroom attendant for the lugs by part number, he was advised that they were not in stock and would have to be ordered.

The claimant advised his temporary supervisor of the fact that the lugs were not available to him, because they were apparently out of stock and also gave the parts number to the te:;nporary supervisor.

Before the temporary supervisor could verify the absence of the lugs from stock, the regular supervisor appeared to assume his duties. The temporary supervisor advised the regular supervisor of the problem of the unavailability of the lugs and of their part nvnber.

The claimant's regular surervisor approached him concerning the completion of the job assigrcnervc. Following a discussion between them, concerna_nj the availability of the lugs and the part number for them, the regular supervisor ox·dcred claimant to report to his superintendent. The claimant and the superintendent had a short conversation,, in which the superintendent asked the cla~.r?ant if he ~~Tas going to follow the orders of the regular supervv_sor in looking for the missing lys. The superintendent alleged that the cla_i.mant refused to respond to his inquiry as to his willingness to obey the order of his regular supervisor. Further, the superintendent- stated that the time between his question and the failure to respond was approxi:r~ately a minute. The superintendent suspended the claimant based upon the alleged act or insubordination in refusing to respond to his question.

The basic question before the Board is whether the conduct of the claimant was sufficient to warrant an izrFm.ediate suspension under the controlling agreement in Rule 6-A-1, which provides as follows;

"(a)

employees sh<3,11 not be suspended nor dismissed from service without a fair and impartial trial.,

(b) When a major offense has been cozrarzitted an employee suspected by the Company to be guilty thereof, maybe held out of service pending trial and decision,"

The Board has analyzed the nature of the conduct of an employee which would qualify as a major offense in many prior cases. In each case, the circumstances surrounding -the conduct of the employee and the supervisor involved are controlling factors. However, it is the consensus of the prior awards that such immediate suspension may b e justified when the employee's conduct presents a hazard to his own safety or to the safety of others, or amounts to gross misconduct, or that the failure to remove the employee from service would impede the carrier in the proper and efficient conduct of its business. This consensus is reasonable in light of the strong language quoted above, which requires a hearing before discipline is handed out to the employee,
Form l Page 3

Award No. 8027
Docket No. 8029 2-CR-EW-179 In the instant case, the conduct of the claimant presented no hazard to himself or to others. Further, the proper and efficient conduct of its business did not require the carrier to immediately remove the claimant from service. Finally, the conduct of tine claimant cannot be considered to amount to gross misconduct. Therefore, the immediate suspension of the claimant was a, violation of the agreement in 6-A-1(a) and (b). The Board has held in many cases where the violation of a claimant's right to hearing before discipline was imposed, that the discipline was arbitrary and capricious. The Board finds that the suspension of the claimant in this case, was not proper and that both clams one and two are valid. A W A R D Claim sustained. Attest: Executive Secretary National Railroad Adjustment Board

IVATIUNAL RATLROl1D ADJITSTT~71In1'I BOARD

By Order of Second Division

By -

1/~W~

i~t...~ 5;(

1.-~-~' ~...~

Rosem~rie Brasch - Administrative Assistant

Dated at Chicago, Illinois, this lst day of August, 1919. Forth 1 NATIONAL RAILROAD ADJUSTP4El`Ti BOARD Award No, 8027
SECOND DIVISION Docket No. 80'29 2-CR-EW-179

The Second Division consisted of the regular. members and in addition Referee Robert E. Fitzgerald, Jr. when award was ren3ered,

( System Federation No, 1, Railway Employes'

( Department, A. F. of L. - C. I. 0.

Parties to Dispute: ( (F;lectrical workers)

( Consolidated Rail Corporation

Dispute: Claim of T`rnployes:

1. That the Carrier was unjust, arbitrary, and capricious when it

suspended Electrician H. Kz-L~.ppenbacher from service on December

g,

1976,

in violation 6-A-1 and

6-.A-4(b),

2. That, accordingly, the Consolidated Tail Corporation (Conrail)

be ordered to (a) have. t?ze charge cleared from the record of

H. Krzzppenbacher and (b) that Electrician H. Kruppenbacher be

reimbursed for. all time last, sick and J.nsurance benefits due hil-I

for the period that hey was held out of service: December

9 (4

hours 15 minutes), December 10, 11, 12, 15;

16,

and 17

(8

hours

each) for a fatal, of 52 hours and 15 minutes.

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 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.

Claimant was suspended from service on June g, 1976, for an alleged act of insubordination to a supervisor on that date, by failing to respond to a question within approximately one minute's time. He was held out of service until December 18, 1976, for a total of 52 hours and 15 minutes. Following a hearing, the carrier issued a disciplinary suspension for the 52 hours and 15 minutes during which he had been held out of service prior to hearing.

On December g, 1976, when claimant reported for work, he was assigned to repair locomotives. In the course of performing such repairs, he was required to replace terminal lugs on brake cables.