THE DENVER AND RIO GRANDE WESTERN
RAILROAD COMPANY
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The Carrier violated the effective Agreement when it dismissed Section Foreman Dick H. Lowe from service on January 13, 1960.
(2) Mr. Dick H. Lowe now be reinstated to his position of section foreman at Burns, Colorado with seniority and vacation rights unimpaired and with reimbursement for all time lost from January 14, 1960 and continuing until he is reinstated.
OPINION OF BOARD: Claimant asks to be reimbursed for all time lost by reason of his suspension from January 14, 1960 for a period of about five (5)months. Such suspension occurred after Claimant had failed to remove slow boards as directed by Division Engineer Combs, a superior.
From a thorough examination of the record it appears that Claimant, Section Foreman Lowe, after being ordered to remove slow boards, consciously and intentionally refused to do so. The record indicates a positive intention upon Claimant's part to substitute his judgment for that of a superior, after such superior had been made aware of all the relevant factors and had reached a decision contrary to Claimant's viewpoint. The decision by the Division Engineer was clear and definite. It was communicated to Claimant in a written message. In view of this, the failure to follow such order constitutes clear and obvious insubordination by Claimant without any justification.
In such case, there is no reason for rescinding or modifying the discipline imposed by Carrier on an insubordinate employe.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds: