Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 12163
SECOND DIVISION Docket No. 12150
91-2-90-2-292
The Second Division consisted of the regular members and in
addition Referee Hugh Duffy when award was rendered.
(International Association of Machinists and
( Aerospace Workers
PARTIES TO DISPUTE:
(CSX Trans., Inc. (Former Seaboard Coast Line
( Railroad Company)
STATEMENT OF CLAIM:
1. That CSX Transportation, Inc. violated Rule 30, but not limited,
thereto, of the controlling Agreement when it dismissed Machinist Apprentice
E. Leviner, Jr. from service effective May 4, 1990 following an investigation
held on April 11, 1990.
2. That accordingly, CSX Transportation be ordered to reinstate Mr.
Leviner to service with seniority rights unimpaired, reimburse him for all pay
and benefits lost (made whole) and remove all reference to the charges from
his 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.
Claimant was charged with insubordination for refusing to follow
instructions to report to the office of the Plant Manager on March 7, 1990.
Claimant had last reported for duty on February 6, 1990. After a Hearing _in
absentia on April 11, 1990, Claimant was found guilty as charged and assessed
the penalty of dismissal.
After reviewing the record, the Board is satisfied that there is substantive evidence that Claimant was guilty as charged. Failure to follow proper orders is a most serious matter and may properly lead to dismissal. Although this Board has on many occasions held that it does not favor Hearings
Form 1 Award No. 12163
Page 2 Docket No. 12150
91-2-90-2-292
held in absentia, Claimant was properly notified of the Hearing and did not
appear by his own choice. We therefore find no basis for disturbing the
Carrier's decision in this matter.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
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Attest:
ancy J. -BoWr - Executive Secretary
Dated at Chicago, Illinois, this 9th day of October 1991.