Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. lG)191
SECOND DIVISION Locket No. 9658
2-SCL-CM-' 841
The Second Division consisted of the regular members and
in addition Referee Ida Klaus when award was rendered.
( Brotherhood Railway Carmen of the United States
( and Canada - AFL-CIO
Parties to Dispute:
( Seaboard Coast Line Railroad Company
Dispute: Claim of Ernployes:
1. That the Seaboard Coast Line Railroad Company violated the terms of the
controlling agreement when Master Mechanic, M. C. Coley suspended W. A. Wiley from
service beginning October 17, 1979 through December 15, 1979, based on Rule;3
and Regulations of the Mechanical Department, Rule 12 (vicious or uncivil
conduct, insubordination...).
2. That under the terms of the controlling agreement Carman W. A. Wiley,
Hialeah Shop, Hialeah, Florida, Seaboard Coast Line Railroad was unjustly
suspended from the Carrier's service on October 17, 1979.
3. That under the terms of the controlling agreement Carman W. A. Wiley
did not receive a fair investigation on October 25, 1979.
4. That accordingly, the Carrier be ordered to make Carman W. A. Wiley
whole by compensating him eight (8) hours at straight time rate of pay for each
day held out of service and all overtime he would have made and all other
benefits accruing to his position for this violative sixty day 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 employ 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.
The Claimant was suspended for 60 days on charges of not obeying his
supervisor's orders and by shouting insults and abusive language at the
Carrier's special agents.
Form 1
Page 2
Award No. 10191
Docket No. 9658
2-SCL-CM-'84
On October 16, 1979 the Claimant was told by his supervisor to leave the
area in which he was standing and return to his job site. At the time, they
were standing near where two special agents were escorting another employe off
the property. After the supervisor gave his order, the Claimant walked on some
60 feet. As the special agents moved past, the Claimant shouted at the group.
The Carrier asserts that the Claimant shouted abusive and uncivil insults at
the special agents, while the Claimant maintains that he shouted a warning to
the escorted employee that he should go quietly off the property.
The Carrier's position is that the Claimant disobeyed his supervisor's
orders so that he could remain in the area and shout at the special agents.
The Carrier justified the 60 day suspension on the'Claimant's record of
numerous violations of the Rules and Regulations.
The Organization argues that the Claimant did nothing wrong; if he had, it
asserts, he would have immediately been taken out of service, rather than later
in the day. Moreover, the Claimant did not disobey his supervisor's orders to
return to his job, but had begun to obey the instructions when the agents
passed by. In addition, the Organization maintains that the Carrier's Rules
are unreasonable and that the investigation was unfair.
The Board finds that the evidence presented is insufficient to sustain the
charge that the Claimant failed to obey his supervisor's orders. According to
the supervisor's own testimony, the Claimant had moved some 50 or 60 feet
toward his work site a minute or tcv after his instructions.
We do find, however, that the Claimant was insubordinate in his conduct
toward the special agents. The weight of the evidence supports the position
that the Claimant shouted abusive and uncivil insults at the agents. Accordingly,
we find that the charge of insubordination has been sustained. The Organization's
position that the Claimant would have been immediately removed from service is
plainly without merit.- Neither are we able to agree that the Carrier's rule
prohibiting insubordination is unreasonable.
It is a serious offense to undermine the authority of a special agent. hi
view of this offense and the Claimant's record of numerous prior violations of
Carrier rules, the 60 day suspension was reasonable.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Nancy ver - Executive Secretary
Dated at Chicago, Illinois, this 9th day of January 1985.