Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11560
SECOND DIVISION Docket No. 11407
88-2-87-2-79
The Second Division consisted of the regular members and in
addition Referee Edwin H. Benn when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
PARTIES TO DISPUTE:
(The Belt Railway Company of Chicago
STATEMENT OF CLAIM:
1. That as a result of an investigation held on March 25, 1986 Carman.
M. Sage was suspended from service for a period of two (2) days. Said suspension of Carman Sage is arbitrary, capricious, unfair, unjust, unreasonable,
petty, contemptible, frivolous, ridiculous, and in violation of Rule 20 of the
current working Agreement.
2. That the Belt Railway Company of Chicago be ordered to remove the
two (2) day suspension from Carman M. Sage's 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 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.
As a result of charges dated March 19, 1986, Investigation held on
March 25, 1986 and by notice dated April 2, 1986, Claimant, a car inspector
with approximately seven and one-half years of service, was assessed a two day,
suspension (which coincided with his rest days) for allegedly becoming argumentative when instructed to inspect a train.
Clearly, it is well recognized that the workplace is not a debating
society and a supervisor's instructions must be followed. Further, abusive or
threatening conduct towards a supervisor requires discipline. Similarly, insubordination has no function in the workplace and if an instruction by a
supervisor is questioned, the time-tested axiom of "obey now, grieve later"
Form 1 Award No. 11560
Page 2 Docket No. 11407
88-2-87-2-79
must be followed. See e.g., Second Division Awards 9074, 7643. On the other
VAP
hand, we are also bound by the principle that the Carrier has the burden of
supporting its charge by substantial evidence in the record.
We are satisfied that the Carrier has not supported its specific
charge by substantial evidence in the record in this case. First, Claimant
was specifically charged with "becoming argumentative." That charge estab
lishes the Carrier's burden. The essence of the Carrier's case, however, is
that Claimant was insubordinate since he did not immediately follow the
Assistant Car Foreman's instruction. As asserted in the Carrier's submission,
"Claimant: 1) failed to promptly follow instructions, 2) became argumentative,
and, 3) attempted to initiate a Union grievance during his tour of duty."
But, Claimant was not charged with insubordination or improperly initiating a
grievance. Again, he was only charged with becoming argumentative. Indeed,
the record establishes that Claimant performed the instruction given to him by
the Assistant Car Foreman. Because Claimant was not charged with insubordin
ation or improperly initiating a grievance, the fact that he performed the
instruction after calling the Trainmaster cannot be used to deny the Claim.
For the same reasons, the Awards cited to us by the Carrier (Second Division
Awards 9873, 9074, 8580, 7643, 7193, 7128, 6387; Third Division Awards 25126,
22836, 21890) are not determinative since those Awards concern specific alle
gations of insubordination or failure to follow instructions.
Second, with respect to Claimant's alleged argumentative conduct,
the Assistant Car Foreman's testimony shows that Claimant asserted that the
assignment to the East Departure Yard violated his contractual rights. His
conclusion that Claimant was argumentative was because Claimant stated that he
was "...violating his seniority rights ...and he went over my head to the
Trainmaster." At best, Claimant's conduct was a statement to him that he
believed the instruction was in error. While we disagree with the Organiza
tion that argumentative conduct is not prohibited by the Carrier's rules
("argumentative" is synonymous with "contentious", which is defined as
"quarrelsome", which is specifically prohibited by Carrier Rule J), we do not
believe that, without more, a good faith statement by an employee to his super
visor concerning the validity of an instruction is tantamount to argumentative
conduct. While employees are required to follow instructions and are further
required to grieve those instructions if they believe those instructions are
issued without proper authority, we can find nothing in the Carrier's rules
that prohibits an employee from telling a supervisor that he believes a given
instruction is erroneous. The Assistant Car Foreman's testimony shows that
Claimant was disciplined because he complained about the validity of the in
struction. We do not believe that substantial evidence supports a conclusion
that the level of complaint by the Claimant rose sufficently above that to be
considered argumentative.
In light of the above, we do not address the other arguments raised
by the Organization.
Form 1 Award No. 11560
Page 3 Docket No. 11407
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A W A R D
Claim sustained.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: _ _
Nancy J.~ r - Executive Secretary
Dated at Chicago, Illinois, this 31st day of August 1988.