Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 8720
SECOND DIVISION Docket No. 8652
2-BNI-FO-181
The Second Division consisted of the regular members and in
addition Referee James F. Scearce when award was rendered.
( International Brotherhood of Firemen & Oilers
Parties to Dispu~:e:
( Burlington Northern Inc.
Dispute: Claim of Employes:
1. That in -~,iolation of the current Agreement, Laborer M. R. Mitchell,
Vancouver, Washington, was unfairly dismissed from service of the
Burlington Northern, Inc. effective April
19, 1979.
2. That, accordingly, the Carrier be ordered to make Mr. M. R. Mitchell
whole by restoring him to service with seniority rights, vacation rights,
and all other benefits that are a condition of employment, unimpaired,
with cwpensation for all lost time plus 6% annual interest; with
reimbursement for all losses sustained accourt loss of coverage under
Health and Welfare and Life Insurance Agreements during the time held out
of servic=; and the mark removed from his record.
Findings
The Second D-Lvision 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.
Claimant was charged with failure to obey instructions issued him by a management official when, on March
13, 1979,
at the close of his shift he ignored orders
concerning the method of egress from Building 21 on the Carrier's property: he
was directed not to depart the facility by a certain door; according to the
Carrier, he would have to walk through an area saturated with grease and oil and
to cross trackagL where switching was in progress. The Claimant demanded a showing
of written instructions to that effect and, when none was produced, he proceeded
in the departure in defiance of the order. As regards the Organization's defense
that the Claimant vas being denied use of this path of exit from the facility
when other employees were not, the Claimant is better advised to follow the
axiom of "obey and grieve", there being no evidence that following the supervisor's
directive would have placed him in eminent danger. To the contrary, it apparently
would have had the opposite result.
This Board recognizes the gravity of the offense committed by the Claimant in
this case and sugg:sts that unanswered challenges to authority can have far-reaching
Form 1 Award No. 8720
Page 2 Docket No. 8652
2-BNI-FO-X81
adverse effect
E.
Without minimizing the importance of this fact, we note that the
Claimant had several years service; we order that the Claimant be afforded one
last chance to demonstrate his worthiness as an employee and that he can follow
instructions issued him while in service or on Carrier property. The Claimant
shall be reinstated, with seniority unimpaired, but without back pay.
A W A R D
Claim disposed of in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
semarie Prasch - Administrative Assistant
Dated at Chicago, Illinois, this