NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-21807
Robert W. Smedley, Referee
(Brotherhood of maintenance of Way Employes
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
( Texas and Louisiana Lines
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
that:
(1) The dismissal of Laborer Clovis Alexander was unwarranted
and without just and sufficient cause (System File W-75-91).
(2) Laborer Clovis Alexander be reinstated with seniority,
vacation and all other rights unimpaired and he be compensated for all
wage loss suffered.
OPINION OF BOARD: Claimant was discharged for insubordination in
refusing to cut weeds because he "saw a snake" out
there, and feared for his life. There is substantial evidence to support
the discharge. The weed-cutting was done that day by another worker who
had no trouble with snakes. Claimant complains of harassment by foreman
Johnson. But Johnson's was not the only personality conflicting with
Claimant's, whose past work record showed problems with others.
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 agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
G_, ~rl r~
Dated at Chicago, Illinois, this 29th day of April 1977.