Form 1 NATIONAL RAU.ROAD ADJUSTMENT BOARD Award No. 9503
SECOND DIVISION Docket No.
9699
2 -C&NW-F
o-' 83
The Second Division consisted of the regular members and in
addition Referee Francis M. Mulligan when award was rendered.
International Brotherhood of Firemen & Oilers
Parties to Dispute
( Chicago and North Western Transportation Company
Dispute: Claim of Employes:
1. Under the current controlling Agreement, Mr. R. G. Pridgeon, Laborer,
Marshalltown, Iowa, was unjustly dealt with when assessed with a thirty
(30) day deferred suspension, following hearing held on March
13, 1981.
2. That accordingly, the Chicago and NorthWestern Transportation Company
be ordered to remove any reference of the thirty day deferred suspension
from his record.
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.
We have reviewed the entire record regarding this claim and it is our
opinion that the Carrier acted properly by imposing a thirty
(30)
day deferred
suspension on the Claimant. The Claimant in this instance, being of the
opinion it was not his turn to perform an overtime assignment unequivocally
refused to perform the assignment and instead clocked out and left the property.
The Claimant in essence resorted to a self-help remedy other than that prescribed
by the grievance procedure in the Collective Bargaining Agreement. While we
are aware that there are situations such as protecting one's safety where we
might condone such actions, this was not the case in this incident.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
Form 1
Page 2
R a ie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 25th day of May, 1983.
Award No. 9503
Docket No.
9699
2-c8Nw-FO-
183