NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-20353
Joseph A. Sickles, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Seaboard Coast Line Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-7350)
that:
(A) The Carrier violated the agreement on or about February 4,
1972 when it dismissed Ralph Dingle from the service.
(B) The Carrier shall now reinstate claimant to the service and
compensate him for all wage loss less any compensation earned in other employment.
OPINION OF BOARD: Claimant was dismissed from Carrier's Service for in
subordination. The record demonstrates that on the day in
question, Claimant repeatedly refused to check a certain interchange, as in
structed, but rather, he persisted in stating his intention to check a dif
ferent interchange.
The Board has carefully reviewed the entire record, including the
transcript of investigation compiled on February 1 and 2, 1972, and finds no
violation of Claimant's procedural rights.
The record shows that on November 17, 1972 the Organization's
General Chairman and Carrier's Terminal Superintendent reached an understanding,
under the terms of which the Claimant was to be reinstated on a leniency basis.
However, it appears that Claimant determined that the leniency settlement was
unsatisfactory and ultimately rejected same. Thereafter, the Superintendent
advised the General Chairman that the reinstatement offer was null and void.
A study of the transcript of the two (2) day investigation convinces the Board that the Carrier clea
In short, Claimant failed to comply with his Supervisor's valid instructions
as to work to be performed.
Moreover, we are unable to discover anything of record to suggest
that the discipline of dismissal from service was arbitrary, capricious or
unreasonable in this case. The claim will be denied.
Award Number 20102
Docket Number CL-20353 Page 2
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 Agreement was not violated.
' A W 'A F, D
Claim denied.
NATIO'.:AI. UILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
114/ ,
Dated at Chicago, Illinois, this 11th day of January 1974.
J