NATIONAL RAILROAD ADJUSTMENT BOARD

Award Humber 21.083

THIRD DIVISION Docket Number CL-21098

Lloyd H. Bailer, 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-7814, that:

(1) Carrier acted arbitrarily, capriciously and in a harsh and discriminatory manner when it dismissed Richard Scriven from its service.

(2) Carrier shall reinstate Richard Scriven to the service with seniority unimpaired and compensation for all wages lost.

OPINION OF BOARD: The evidence is clear that Claimant declined to comply
with a supervisor's instructions to remain on duty two
hours beyond his regular quitting time for the purpose of performing certain
additional work on an overtime basis. Claimant understood these instruc
tions. There were no circumstances sufficiently mitigating to excuse this
insubordinate conduct. We are unable to say that Carrier abused its dis
cretion by assessing the penalty of dismissal.

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 R D

Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD

By, Order of Third Division

ATTEST: ~s~ ~1jA

'~'x~ecutive Secretary

Dated at Chicago, Illinois, this 28th day of May 1976.