NATIONAL RAILROAD ADJUSTMENT HOARD
THIRD DTVISION Docket Number CL-21562
David C. Randles, Referee
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
Express and Station Employer
PARTIES TO DISPUTE.
Robert W. Blanchette, Richard C. Bond
and John H. McArthur, Trustees of the
Property of Penn Central Transportation
Company, Debtor
STATEMENT O' CLAIM: Claim of the System Committee of the Brotherhood,
GL-8051, that:
(a) The Carrier violated the Rules Agreements, effective
February 1, 1968, particularly Rule 6-A-1, when it assessed discipline
of dismissal
on
Barbara Thomas, Clerk, System General Office, Philadelphia,
Pennsylvania.
(b) Claimant Barbara Thomas' record be cleared of the charges
brought against her on July
18, 1974.
(c) Claimant Barbara Thomas be restored to service with
seniority and all other rights unimpaired, and be compensated for wage
loss sustained during the period out of service, plus interest at six
percent
(6%)
per anrnmi compounded daily. Claimant also to be made whole
for any money she was required to spend for medical and hospital services,
or other benefit which would otherwise have been covered under Travelers
Group Policy GA-23000.
OPINION OF BOARD: The Claimant, who entered the Carrier's service on
May 15, 1972 as a clerk in the office of Systems
Development, Philadelphia, was charged and found guilty of insubordinate con
duct on July
18, 1974.
The charge of misconduct involved Claimant's alleged
refusal to comply with orders from a supervisor and her refusal was
grounded upon the apparent belief that she was not required to perform
the work as part of her normal duties on the date in question. It was
stated in Award 20030 (Eischen), that
"It is a recognized principle of arbitral law, and
especially by this Board, that the duty of an employe
is to obey a reasonable order; and if he disagrees
with such orders to seek redress through the grievance
machinery of the agreement."
Award Number 21457 Page 2
Docket Number CL-21562
However, there are sufficient mitigating circumstances present
in this record to justify the conclusion that Claimant's refusal partially
resulted from an unfortunate misunderstanding. Under the particular
circumstances, we feel Claimant should be restored to service without
compensation for time lost.
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
The Discipline was excessive.
A W A R D
Claim sustained to the extent provided in this Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
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Dated at Chicago, Illinois, this 18th day of March 1977.
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