Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9261
SECOND DIVISION Docket No. 8810
2-BN-EW-'82
The Second Division consisted of the regular members and in
addition Referee David H. Brown when award was rendered.
( International Brotherhood of Electrical Workers
Parties to Dispute
( Burlington Northern Railroad Company
Dispute: Claim of Employes:
1. That in violation of the current agreement, the Burlington Northern Inc.,
arbitrarily disciplined Shop Electrician C. B. Stuart by entering a mark
of censure on his personal record.
2. That although Electrician C. B. Stuart was not the FRA Inspector of record,
the Burlington Northern Inc., attempted to force Electrician C. B. Stuart,
under threat of Investigation to fraudulently sign his name for federal
inspections on a diesel locomotive which he had not made.
3. That the Burlington Northern Inc., the moving party failed to introduce
evidence, which would have clarified Electrician Stuart's job assignment,
by not calling Mr. Stuart's direct supervisor as a witness.
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
ttrdWed herein.
Parties to said dispute waived right of appearance at hearing thereon.
C. B. Stuart is employed as an electrician at Carrier's roundhouse at Denver,
Colorado. On April 13, 1979, Claimant Stuart was assigned to perform the Federal
Inspection on Locomotive 6471, which he did. It was then incumbent upon Claimant
to sign the Federal card attesting that the inspection had been completed. Without
Claimant's signature on the card, the inspection would have to be repeated s o that
one inspector would sign the card. Claimant refused to sign the card. When confronted,
he advised that he would not sign the card because the generator pit was greasy
which constituted a federal defect.
Claimant was asked to report to the Assistant General Foreman's office where it
was carefully explained to him that his signature on the card. attested only to the
Form I Award No. 9261
Page 2 Docket No. 8810
2-BN-EW-182
fact that the inspection had been completed. It was further explained to Claimant
that it was the foreman's responsibility to insure that any defects discovered by
the inspection were corrected and the foreman's signature on the card would attest
that the defects were corrected. Claimant was asked if he had noted the defect
on the card and he said he had. The card verified this.
The Claimant was again instructed to sign the card. He refused. The Assistant
General Foreman re-explained Claimant's obligations and again instructed Claimant to
sign the card. Claimant still refused. Claimant was told to sign the card or a
formal investigation would be necessitated. Claimant persisted in his refusal.
We consider the Organization's grounds of appeal of Mr. Stuart's censure.
We have studied the form which Claimant was directed to sign and find that
Carrier was entitled to demand that he sign such form. There would have been no
misrepresentation, express or implied, in his complying with the instruction to
affix his signature as directed. It appears that Claimant, actually at the risk
of serious discipline for insubordination, had received some bad advice as to his
responsibility relative to the matter.
Claimant, contrary to the Organization's position, was afforded a fair
investigation. There is no showing that had Dennis Meyer been called as a witness
he would have shed any relevant light on the matter or exonerated Claimant to any
degree.
Claimant's refusal to sign the form was based on the reason set out above; his
claim that he was only assisting Severo DeLeon was not mentioned when he refused to
follow instructions. Further, he was not "assisting" DeLeon.
From the record we find no justification for disturbing the discipline assessed.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
---o"Xsemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 28th day of July, 1982.
Now