Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11214
SECOND DIVISION Docket No. 11174
2-IHB-MA-'87
The Second Division consisted of the regular members and in
addition Referee Ronald Nelson when award was rendered.
(International Association of Machinists and Aerospace
(Workers
Parties to Dispute:
(Indiana Harbor Belt Railroad Company
Dispute: Claim of Employes:
1. That the Indiana Harbor Belt Railroad Company be ordered to clear
and otherwise expunge the record of Machinist C. Cantrell of a 60-day deferred
suspension in violation of Rule 36, but not limited thereto, of the prevailing
agreement dated January 1, 1947, as subsequently amended.
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.
A review of the record shows that Claimant was assessed a sixty (60)
day record (deferred) suspension following an Investigation in which Claimant
was found to have been insubordinate, in that he disobeyed direct orders from
his Supervisor at approximately 2:15 P.M., on November 30, 1983, and thereafter displayed a belligerent and hostile attitude towards his (Claimant's)
Supervisor.
The only witnesses who testified at the Investigation were the Claimant and the Claimant's Supervisor. Although other individuals were identified
by the Claimant and the Supervisor during their respective testimony as possible witnesses, neither the Claimant nor the Carrier solicited from these
individuals to corroborate their respective versions of the incident.
The issue in the dispute is twofold; first, whether the length of
time taken by the Claimant to satisfy a directive of his Supervisor constituted insubordination, and (2) whether the verbal exchange between the
Claimant and the Supervisor amounted to a "belligerent and hostile attitude
towards (the) Supervisor."
Form 1
Page 2
Award No. 11214
Docket No. 11174
2-IHB-MA-'87
Although the testimony of the Claimant and the Carrier's Supervisor
agree in many respects, their respective testimony differs with regard to the
specific time when the Supervisor directed Claimant to "hook-up a triple unit
. . .," whether the degree of immediacy attached to need for the power units
was expressed to the Claimant by the Supervisor, and whether the Claimant
actually refused to do the task assigned by the Supervisor.
This Board has held that insubordination may occur without an express
refusal to perform directed work. See Second Division Awards 7193 and 7128.
This Board is of the opinion that where there is an intentional delay on the
part of an employee to perform the tasks assigned by the Supervisor a charge
of insubordination may lie.
The Hearing Officer heard testimony from the Claimant and the Supervisor which was predictably contradictory on the important issues. It has
been well established that the reconciliation of directly contradictory testimony and the establishment of witness credibility is properly the function of
the Hearing Officer and not this Board, absent a most unreasonable conclusion,
abuse of discretion, or arbitrary or capricious behavior on the part of the
Hearing Officer. The record does not reflect the existence of any of these
traditional exceptions. See Second Division Award 9282.
The introduction of the Claimant's personnel record in this instance
did not appear to prejudice Claimant's rights. See Second Division Award 7613.
Accordingly, for the reasons cited herein, the Claim is denied.
A W A R D
Claim denied.
00,
Attest:
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Nancy J.
love love
- Executive ecretary
Dated at Chicago, Illinois, this 4th day of March 1987.