Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 8~3
SECOND DIVISION Docket No.
8%
2-NRPC-EW-'82
The Second Division consisted of the regular members and in
addition Referee Paul C. Carter when award was rendered.
International llrotlicrlio<xl of Electrical Workers
Parties to Dis_pr.~t_e_:
( National Railroad Passenger Corporation
Dispute: Claim of Employes:
1. That the action of the National Railroad Passenber Corporation (AM1'RAKj,
in assessing Electrician Robert Durniak five
(5)
days suspension was
arbitrary, discriminatory and unjust.
2. That accordingly the National Railroad Passenger Corporation (AMTRAK)
be ordered compensate Electrician Robert Durniak for all wages lost
during the time of the suspension.
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,
1931+.
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, with seniority from July
16, 1976,
was employed as an electrician
at Carrier's Sunnyside Yard facility, Long Island City, New York, with assigned
hours
11:59
P.m. to
7:59
a.m.
On August 1,
1979,
he was notified to appear for an investigation on the
charge
"In violation of Rule Y in Amtrak Rules of Conduct, which read
in part: Rule Y: 'Employes must obey instructions from their
supervisors in matters pertaining to their perspective (sic
branch of service.' Employee was instructed on July 30,
1979,
at
7:00
A.M. to remove 220 volt charging cables at
7:30
A.M. from cars
8027 & 5655
on train 81. Employee refused
to comply with instructions by his immediate supervisor,
Mr. John Brawley."
The investigation was conducted on August
7, 1979.
A copy of the transcript
of the investigation has been made a part of the record. On August
15, 1979,
claimant was assessed discipline of suspension from the service for five working
days.
dorm I Award No. 8933
:Pu~d~
2 Docket No. 8803
2-NRPC-EW-'82
On reivew of the transcript of the investigation, we find that none of
claimant's substantive procedural rights was violated. The investigation was
conducted in a fair and impartial manner. Claimant was present throughout the
investigation and was represented. We find no proper basis for the protest of
one of the representatives concerning Mr. C. T. Prehm, General Foreman,
conducting the investigation.
In the investigation it was established that about
7:00
A.M. on July 30,
1979,
claimant was instructed by his supervisor to immediately remove charging
cables from the cars making up the consist of Train No. 81, with the exception
of cars
8027
and
5655
then as these cars had been charging for less time than
others. Claimant was instructed to pull the cables from cars
8027
and
5655
at
7:30 A.M. Claimant did not comply with the instructions to pull the cables
from cars
8027
and
5655,
telling his supervisor that he would not perform the
assignment as he had not had time to consume a meal during his assignment.
It is well settled that employes must comply with the instructions of their
super-visors, unless a real safety hazard, proved by the employe, is involved.
In the present case no safety hazard was involved. Claimant should have complies'
with the instructions of his supervisor, and then handle through the grievance
procedure if he considered that his agreements rights were violated or that he
was mistreated. The rule is briefly stated: "Comply and then complain."
There is no proper basis for the Board to interfere with the discipline
imposed by the Carrier.
A W A R. D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
! n
~~
Rosemarie Brasch - Administrative Assistant
Da ed at Chicago, Illinois, this 24th day of February, 1982.