Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9760
SECOND DIVISION
Docket No. 8422
2-CRI&P-CM-'84
The Second Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
( Brotherhood Railway Carmen of the United States and Canada
Parties to Dispute:
( Chicago, Rock Island and Pacific Railroad Company
Dispute: Claim of Employes:
(1) That under the terms of the applicable Agreement the Carrier unjustly
suspended Carman Helper H. L. Cooper for 90 days.
(2) That accordingly the Carrier be ordered to compensate Carman Helper H.
L. Cooper for 63 days pay in the 90 days of 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 employes 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.
Claimant was employed as a crane operator at the Carrier's Kansas City,
Kansas location.
On January 31, 1979 Claimant was instructed to fill a vacancy on one of his
rest days. Claimant did not comply with the instruction. After an investigation,
Claimant was given a 30 day deferred suspension for his failure.
On February 6, 1979, Claimant was again instructed that the Carrier needed
his services, and he again refused. As a result of a subsequent investigation,
Claimant was assessed a 60 day suspension. It is the effect of these two actions
that has been appealed to this Board.
The record supports the conclusion that Claimant was specifically instructed
to report for work and refused to comply. In recent Second Division Award 9553
we stated:
Form 1 Award No. 9760
Page 2 Docket No. 8422
2-CRI&P-CM-'84
"Moreover, allegations that there was no emergency or
that others were available but were not asked to work
overtime do not gainsay that Claimant, a long time
experienced employee, should have worked as directed
and then grieved. There was substantial evidence to
sustain the Carrier's decision to discipline Claimant ..."
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
vow
ATTEST:
Nanc J ver - Executive Secretary
Dated at Chicago., Illinois this 18th day of January 1984.