Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11866
SECOND DIVISION Docket No. 11743
90-2-89-2-17
The Second Division consisted of the regular members and in
addition Referee Joseph S. Cannavo, Jr. when award was rendered.
(International Brotherhood of Electrical Workers
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (former SCL)
STATEMENT OF CLAIM:
1. Time claim and grievance filed on behalf of Electrician Richard
Kovach, Waycross, Georgia for four hours and forty-five (4 Hrs. 45 Mins.)
account Carrier removing Claimant from service eight (8) hours each day at the
pro rata rate of twenty (20) days being September 21, 1987 and October 8
through October 26, 1987 (twenty (20) days suspension). Further grievance
file account Carrier refusing to allow Claimant's Local Chairman to be present
on September 20, 1987 and Claimant's personal record being cleared of formal
hearing in which Carrier has violated controlling agreement, particular Rule
32.
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.
On October 6, 1987, Claimant was assessed a twenty (20) day suspension for violating that portion of Rule 3 of the SBD Rules and Regulations of
the Mechanical Department pertaining to insubordination. This discipline was
assessed following an Investigation held on September 24, 1987, wherein the
Claimant was accused of refusing the same direct order twice.
The Board has reviewed the evidence and testimony of the case. The
Claimant provided no safety and/or health reason for refusing the Supervisor's
instructions. By his own admission he refused the directive and did not consider the alternative of "obey now, grieve later." This Board can only interpret the Claimant's actions as insubordination. Further, the discipline is
commensurate with the severity of the offense.
Form 1 Award No. 11866
Page 2 Docket No. 11743
90-2-89-2-17
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
gtik'z.
N
ncy
J ~er - Executive Secretary
Dated at Chicago, Illinois, this 6th day of June 1990.