NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 23554

THIRD DIVISION Docket Number CL-23775

Rodney E. Dennis, Referee

(Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employee PARTIES TO DISPUTE: Washington Terminal Company

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9315) that:

(e) The Carrier violated the Rules Agreement, effective July 1, 1972, particularly Article 18, when it assessed discipline of 10 days' suspension on W.. R. 'dinbush, Baggage and Mail Handler, Washington, D.C., on July 26, 1979·

(b) Claimant Winbush's record be cleared of the charges brought against him on July 17, 1979 and he be canpens,.~ed for wage loss sustained in accordanc~·. with the provisions of Article 18(e).

OPINION OF BOARD: Claimant was a mail handler at Carrier's Washington, D.C.
facility. On July 16, 1979, Claimant was taken out of
service for alleged insubordination. A hearing was hold in the matter on July
20, 1979. As a result of that hearing, Claimant was found guilty and assessed
a 10-day ::uspenaion, effective from July 16, 1979, to July 25, 1979. A copy of
the transcript from that hearing has been made a part of the record.

A review of that record reveals that Claimant was not denied any of his substantive or procedural rights guaranteed by contract. It also reveals that Clainant did act in an insubordinate manner. Mia Hoard an mmmel9ua occasions has expressed its dissatisfaction with insubordinate employes. We view insubordination as a serious infraction deserving of discipline. Carrier's assessment of a 10-day suspension in this case is not arbitrary and capricious and therefore must stand.

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.

Award Number 23554
Docket Number (L-23775

A W A R D

Claim denied.

ATTEST: Acting Executive Secretary
National Railroad Adjustment Board

/ semarie Breach - Adm nistrative Assistant

DateQ at Chicag~o, Illinois this 10th day of March 1982.

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NATIONAL RAILROAD AWtSWIVT &ILRD
By Order of Third Division