C:\AWARDS\OUT\2-08156.htm

Form 1 NATIONAL RAILROAD ADJUSTTT-,:'1T 80!TI.D Award T,'o. 8156
SECOND DIVISIOl"A" Docket No. 8067
2-CR-Ci·Z-'79

The Second Division consisted of the regular members and in addition Referee Rodney E. Dennis when award was rendered.

( System Federation No. 109, Railway Employes'

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

Parties to Dispute: ( (Carmen) ( ( Consolidated Rail Corporation Dispute: Claim of -Ftinloyes:

(a) That the Carrier violated the controlling agreement when on

July 25, 1977,

it assessed five days actual suspension, June 24,

27, 28, 49, 30,, 1977

to Car Repairer Jay G. Gensemer, ConRail Repair Facility, Reading, Pa., as a result of a hearing and investigation conducted on June 30,

1977.

(b) That accordingly the Carrier be ordered to compensate Car Repairer Jay G. Gensemer the five days actual suspension as well as any other compensation the Claymant would have earned during the five day period he was serving his di c-ci.pline; and further that the Carrier remove all record, of this d.._o pline arcd that Clairmant's service record be restored un':Lipaired.

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 enployes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 1934.

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, a carman at carrier's repair facility in Reading, Pennsylvania, was suspended for five days account insubordination. The record before this Board reveals claimant is guilty as charged and discipline is appropriate. Carrier assessed a five-day suspension for claimant's insubordinate behavior. Insubordination is a serious infraction and cannot be tolerated by arty employer. Carrier's action in this case must be upheld.

A W A R D

Claim denied. Foam 1 Award ITO 8156 Page 2 Do~e.t ?;~k_ 8067 2-CR-CPi-' 79 NATIOML RAILROAD ADJTJSME1I`1T BOARD By Order of Second Division Attest: Executive Secretary National Railroad Adjustment Board JRos marie Brasch - Administrative Assistant Dated a Chicago, Illinois, this 31st day of October, 1979.