Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8790
SECOND DIVISION Docket No. 8653
2-SLSF-EW-'81
The Second Division consisted of the regular members and in
addition Referee James F. Scearce when award was rendered.
International Brotherhood of Electrical Workers
Parties to Dispute:
( St. Louis-San Francisco Railway Company
Dispute: Claim of Employes:
1. That under the current agreement Electrician Apprentice Larry G. Hairston
was unjustly suspended from service by the St. Louis-San Francisco
Railway Company effective July
3, 1979
as a result of investigation held
June 27,
1979.
2. That accordingly the St. Louis-San Francisco Railway Company be ordered to
compensate Electrician Apprentice Larry G. Hairston, for all time lost,
plus 12°% interest including insurance premiums, Railroad Retirement,
vacation and other losses of rights and/or benefits during the period of
July 3.through October 18,
1979.
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 Acct
as approved June 21,
1934.
This Division of the Adjustment Board has
jurisdiction over
the dispute
involved herein.
Parties to said dispute were,given due- notLc&:ef-,he*dpg.thereon,
The issues in dispute in this case exist only in degrees: it is manifest that
the Claimant left his duty station and work prior to the start of the scheduled
meal period
(8:00
p.m.) for his shift. The Carrier asserts it was
7:30
P.m. while
the Claimant insists it was 7:x+5. According to the Carrier, his unwarranted early
departure delayed work at the Diesel Shop where he was assigned to make underneath
inspections of locomotives. Per the Carrier, a unit on which he was assigned was
to have been moved at a given time but was delayed due to the Claimant's absence.
According to the Organization, early lunch breaks are not uncommon and do not
of themselves represent a capital offense resulting in dismissal, which was eventually
reconciled to a suspensLon from July
3
to October
18, 1979.
We would concur that if such early departure was the substance of the Carrier's
charge, dismissal or even a long sust)ension would be excessive. But the record
evinces that the Claimant became insubordinate when confronted with the selfadmitted early departure. He refused to meet a minimum requirement of civility in
discussing the matter and repudiated his foreman's reasonable directive to move to
Form 1 Award No. 8790
Page 2 Docket No.
8653
2-SLSF-Ew-'81
a private area for discussion. He compounded his error by showing similar disrespect
for a higher level supervisor and eventually refused to work for his assigned foreman.
Any workplace must have a positive superior-subordinate relationship in order
to carry forth the business at hand. Where a reasonable order is given, a subordinate
can reasonably be expected to execute it; if such employee wishes to take issue with
it and such labor-management relationship is controlled by a collective bargaining
agreement, there is always the opportunity to grieve -- but after the fact. Here,
the Claimant compounded what most probably was a minor error on his part into a
major confrontation with his superior. The result was a severe reaction.
We take no issue with the Carrier's resolution of this dispute by the suspension
without pay.
A W A R D
Claim is denied.
NATIONAL RAIIROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
Iwo
By_ _
o emarie Brasch - Administrative Assistant
Dated. t Chicago, Illinois, this 28th day of October, 1981.