NATIONAL RAILROAD ADJUSTMENT BOARD
Jerome A. Levinson, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
WABASH RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood (GL-4888) that:
(1) Carrier violated the Schedule for Freight Handlers on the
St. Louis Terminal Division when:
(a) It suspended Mr. Alfred Rogers, Freight Handler
from service for a period of ten (10) days.
(b) It denied Mr. Rogers a right to appeal to the Superintendent.
(c) It failed to accord Mr. Rogers a hearing on subsequent appeal.
(2) Mr. Alfred Rogers be paid ten (10) days at straight time rate
of his assignment as freight handler while being held out of service
on the following dates: January 16, 17, 20, 21, 22, 23, 24, 27, 28 and
29, 1960.
OPINION OF BOARD:
Claimant was a Freight Handler. On January 6,
1960, a foreman filed charges against Claimant for insubordination in his
refusal to carry out the orders of a superior to stop what he was doing and
stow freight at another location. The same day, the Station Manager sent
the following notice signed by him to the Claimant:
"Please report to my office, 500 N. Front Street, East St. Louis,
Illinois, Tuesday, January 12, 1960, 9:00 A. M. for an investigation
in connection with insubordination, your refusal to carry out orders
of a superior, 4:20 P. M., Wednesday, January 6, 1960.
If you wish to have a representative of your organization present, you may do so."
The investigation was conducted by the Station Manager, and on January
15, 1960, Claimant was suspended from the service of the Carrier for a period
of ten (10) days. Suspension was upheld, after request for hearing on appeal.
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It appears from the record before the Board that the charge of insubordination against Claimant was precise; that substantial evidence given at
the investigation by several witnesses sustained the charge of insubordination; that Claimant was accorded a fair and impartial hearing on appeal;
and that the Carrier has neither been arbitrary nor capricious nor abused
its discretion. Therefore, the claim must be denied.
FINDINGS: The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act,
as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the Carrier did not violate the Agreement.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 27th day of April 1962.