Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8576
SECOND DIVISION Docket No.
8357
2-SOU-FO-'81
The Second Division consisted of the regular members and in
addition Referee George S. Roukis when award was rendered.
( International Brotherhood of Firemen & Oilers
(
Parties to Dispute:
(
( Southern Railway Company
Dispute: Claim of Employes:
1. That under the Current and Controlling Agreement, Laborer J. E. Avery was
unjustly removed from the service of the Southern Railway System, Pegram
Shops, Atlanta, Georgia, on August
25, 1978,
without a preliminary
hearing or a formal investigation as required under Rule 34 of the Current
and Controlling Agreement.
2. That accordingly, Laborer J. E. Avery be restored to his assignment at.
Pegram Shops with all his seniority rights restored unimpaired, vacation,
health and welfare, hospital and life insurance and dental insurance be
paid and compensated for all lost time, effective August 25,
1978,
for
each and every day Mr. Avery is not permitted to protect his assignment
at the pro-rata rate of pay when Mr. Avery was removed from service by
Mr. B. W. Thompson, Manager, Atlanta Diesel Shop and the payment of
interest rate added thereto.
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,
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.
In this dispute, Claimant is charged with insubordination and threatening
bodily harm to a supervisory official. Specifically, Carrier contends that on
August 24,
1978,
Claimant refused to carry out the Shop Manager's instructions to
pick up and dispose of debris that was lying on the floor of the Atlanta Diesel
Shop and when directed again to perform this work, he threatened to assault the
supervisor.
A preliminary investigation was held that same day in accordance with the
explicit procedures
of
Agreement Rule
34
and Claimant was dismissed from service:.
This disposition was appealed.
Form 1
Pa ge 2
Award No.
8576
Docket No.
8357
2-SOU-FO-'
81
In reviewing this case, this Board concurs with Carrier's basic findings
of:
fact and disciplinary determination. Careful review of the record, which includes
several corroborative eye witness accounts, unequivocally demonstrates that Claimant's
precipitate misconduct was plainly antithetical to the expected code of conduct
obligatory upon all employees. He was responsible for obeying the Shop Manager's
directives and was insubordinate when he did not comply with these instructions.
He compounded his problem when he threatened this official. The supervisor was not
provocative or abusive when he directed Claimant to clean up the debris but merely
issued a routine order that was not beyond the scope of Claimant's job duties or
unreasonable. There were no mitigative circumstances such as safety considerations
that would warrant noncompliance and his willful failure to conform to this expected
employment requirement was at his own peril. It ill serves the railroad industry
which is vested with a vital public interest responsibility if employees are
permitted the right to self help. A disciplined and responsive chain of command is
a necessary precondition of safe and efficient rail operations. It would be an
anarchaic state of affairs otherwise.
In Second Division Award
5360,
this Board held in pertinent part:
claim.
"The undisputed evidence shows that Claimant openly refused to
commence a task when instructed to do so by his imediate
supervisor and used abusive and vulgar language when confronted
with this failure by his supervisor. Insubordination is a
serious offense which has been held to justify dismissal under
circumstances more favorable to the employee than those of this
case."
This holding is on point with the essential facts herein. We will deny the
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
R-semarie Brasch - Administrative Assistant
Date at Chicago, Illinois, this 14th day of January,
1981.