NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MS-23015
(Albert P. Brisbois
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company (Pacific Lines)
STATEMENT OF CLAIM: "This is to serve notice, as required by the rules of the
National Railroad Adjustment Board, of my intention to
file an ex-parte submission on the 25 of March covering an unadjusted dispute
between me and the Southern Pacific Transportation Co. (Sacramento Division,
Store Department) involving the question;
The dismissal from service by Harry Rubins, on April 14 1978, and all
monies due me from this dismissal, caused from this action by Harry Rubins."
OPINION OF BOARD: The record shows that the claimant herein entered Carrier's
service as a Machinist on December 1, 1971. He transferred
to clerk on may 1, 1972.
On April 14, 1978, claimant was assigned and working as a clerk, with
responsibility for operating a lumber carrier for transporting materials within
the Mechanical Shop area. On April 14, 1978, claimant was notified by the Manager Purchasing and Ser
"You are hereby notified to be present at the Conference
Room, Second Floor, General Stores Building, at 10:00 a. m. on
April 20, 1978, for a formal investigation in connection with your
alleged being insubordinate to your supervisor, Mr. H. C. Rubens,
on April 14, 1978, when you allegedly failed to transport a skid
from Store 3 Docks to Box 110 upon his request, which may involve
violation of Rule 801 of the General Rules and Regulations, that
part reading.
Rule 801: 'Employes will not be retained in the service
who are insubordinate
I
'Any act of ....misconduct....is sufficient
cause for dismissal.'
"You are entitled to representation in accordance with the
provisions of the Brotherhood of Railway, Airline and Steamship
Clerks, Freight Handlers, Express and Station Employes Agreement
and may bring to the investigation such witnesses as you desire."
Award Number 23010 Page 2
Docket Number MS-23015
The record shows that the investigation was conducted on April 24,
1978, and an May 2, 1978, claimant was notified of his dismissal from service.
A copy of the transcript of the investigation has been made a part of the
record.
A careful review of the transcript of the investigation shows that
none of claimant's substantive procedural rights was violated. The hearing
record contains substantial evidence in support of the charge against the
claimant. It is well established that in the absence of a real safety hazard,
employes must comply with the instructions of their supervisors, and then
complain through the grievance procedure if they consider that their agreement
rights have been violated or that they have been mistreated.
Based on the record, there is no proper basis for the Board to interfere with the Carrier's acti
As we have decided the dispute on its merits, it is not necessary to
pass upon the procedural issue raised by the Carrier.
F IL IMS: 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
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:
zi-All
Dated at Chicago, Illinois, this 17th day of October
1980.