Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12089
SECOND DIVISION Docket No. 11836-I
90-2-89-2-139
The Second-Division consisted of the regular members and in
addition Referee Marty E. Zusman when award was rendered.
(Glenn E. Jones
PARTIES TO DISPUTE:
(Chicago and North Western Transportation Company
STATEMENT OF CLAIM:
On December 15, 1988, I was unjustly dismissed from Chicago and
Northwestern Transportation Company. On 5-24-89, I was reinstated with all
rights restored. I was not paid for time lost. I am making a claim for all
time lost including holiday pay plus 6% interest on all wages.
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 were given due notice of hearing thereon.
The record in the instant case indicates that Claimant was the
Senior Coach Cleaner assigned on the night of November 20, 1988, and ordered
to clean a late train arrival. By Notice dated November 21, 1988, Claimant
was directed to appear for a formal Investigation to determine his responsibility, if any, for failure to comply with that order.
The facts at bar support the Carrier's finding of guilt. A review
of the Investigation held on December 2, 1988, finds that the Assistant Car
Foreman did order the Claimant to work overtime to assure the late arrival was
clean. It was a clearly understood direct order. The testimony of the Claimant is that he said no. By his own admission, the Claimant refused. The
Claimant's dismissal for insubordination was supported by the evidence of
record.
Form 1 Award No. 12089
Page 2 Docket No. 11836-I
91-2-89-2-139
The Claimant has provided additional argument and evidence which was
not raised during the Investigation. The Claimant has further argued that
some of the testimony presented was false. Such argument comes too late for
proper consideration, but even if it were accurate, it would not change the
Board's position. Insubordination often results in permanent dismissal. The
Claimant must obey the direct order and grieve later if he feels a problem
exists. He did not do so in the instant case. The fact that junior employees
were available is not relevant when considered in the context of the refusal
to comply with a direct order.
Claimant was guilty of insubordination. Dismissal was warranted.
Reinstatement was made on a leniency basis with the right to progress this
Claim for time lost. There is nothing in the record that shows discriminatory
action toward the Claimant. There is no evidence of mitigating factors in the
admitted insubordination. After full consideration of all facts, the Board
denies the Claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
,"--Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 24th day of July 1991.