Form 1 NATICiVAL RAILROAD ADJUSTMENT BOARD Award No. 8400
SECOND DIVISION Docket No.
8311L
2-WT-CM-'80
The Second Division consisted of the regular members and in
addition Referee Higdon C, Roberts.,
Jr.
when award was rendered.
( System Federation No. 106, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ~ (Carmen)
( Washington Terminal Company
Dispute: Claim of Employes:
1, That under the current agreement, Car Cleaner J. g. Forest was
unjustly dealt with when he was taken nut of service June
28, 1978,,
and as a result of an investigation was given a suspension of fifteen
calendar days which was unjust, unfair, and capricious and in violation
of rule
29
of the controlling agreement.
2, That the Washington Terminal Company be ordered to reimburse Mr. Forest
for his net usage loss, and his record cleared, due to this unjust
treatment by Carrier.
Findings:
The Second Division of the Adjustment Board, upon the whole record and 8,11
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.
The record is clear that the claimant (Mr. Forest) was guilty of loitering,
He was standing with two other employes in a car to which he was not assigned..
He should have~returned to his proper duty station when told to by his supervisor,
Ms. Williams. When Ms. Williams returned 10 minutes later with Mr. Best, and. he
(Mr, Best) ordered the claimant to go to his car, and he still didn't move, this
was insubordination. However, Mr. Forest never back-talked, or in any manner,
was overtly insubordinate. The manner of the insubordination and the relatively
brief loitering time, combined with Ms. Williams' fairly casual initial order to
the claimant to return to his assigned car bear consideration. In light of
this, and considering the claimant's clean record and normally good work, I find.
the penalty excessive and order the suspension reduced to 5 day-as'
A W A R D
Claim sustained to the extent indicated in the Findings.
Form 1
Page 2
Attest: Executive Secretary
National Railroad Adjustment Board
Award No. $1.E,pp
Docket No. 8311
2 WT-CM-t80
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
By nor
ioe-~
R e Brasch - Administrative Assistant
Dated at C icago, Illinois, this 23rd day of July,
1980.