Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9584
SECOND DIVISION Docket No. 9778
2-AT&SF-MA-'83
The Second Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
( International Association of Machinists
and Aerospace Workers
Parties to Dispute: ( AFL-CIO
(
( Atchison, Topeka & Santa Fe Railway Company
Dispute: Claim of Employes:
1. That Carrier improperly suspended Machinist W. C. Moran (hereinafter
referred to as Claimant) from service on March 24, 1980, and
subsequently dismissed Claimant on April 21, 1980, as a result of
investigation held on April 2, 1980.
2. That Carrier be ordered to compensate Claimant for all lost wages incurred
from March 24, 1980 to date of restoration to Carrier service and will
all rights and fringe benefits restored in full.
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 Acf
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.
On March 24, 1980, the Claimant was notified that he was suspended from service
pending formal investigation to determine the facts in connection with his role
concerning the chaining of a door in the area in which he worked and his failure to
complete his shift.
Subsequent to the investigation, the Claimant was notified that he had been
found guilty of violation of various Carrier rules and was dismissed from the
service.
There are essentially two elements to the incident which resulted in the
dismissal of the Claimant. The first element pertains to alleged failure to follow
the instructions of the supervisor. The Board finds, by the Claimant's own admission
that he understood what was asked of him, namely to remove a chain from a door,
and he refused to do so. It is well established that under certain highly restricted
conditions and circumstances, such as imminent danger to life and limb, the strict
compliance with an order may lose its importance. Such was not the case before us,
however, thp-xe were no mitigating factors presented in the record which would
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Page 2
absolve the Claimant from refusal to comply with a legitimate order.
The second element pertains to the Claimant's leaving the property without
permission before completion of his shift. The Claimant acknowledged his action
and, therefore, the factual aspects of this element used by the Carrier to arrive
at this penalty are not in doubt.
Given the facts and circumstances, evidenced by the record before us the claim
is denied.
Award No. 9584
Docket No. 9778
2-AT&SF-MA-'83
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
Nancy J. Deve~r - Executive Secretary
Dated at Chicago, Illinois, this 27th "day of July, 1983.
NATI013AL RAILROAD ADJUSTMENT BOARD
By Order of Second Division