NATIONAL RAILROAD ADJUSW= BOARD

Award Number 23994

THIRD DIVISION Docket Number MW-23858

Josef P. Sirefman., Referee

(Brotherhood of Maintenance of Way Employee PARTIES To DISPUTE: (

(Georgia Railroad

STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that;

(1) The dismissal of Trackman Michael S. Payee for alleged insubordination was without just and sufficient cause and wholly disproportionate to such as offense
(2) Trackman Michael S. Payee shall be reinstated with seniority and all other rights unimpaired sad he shall be compensated for ell wage lose suffered."

OPINION OF BOARD: Claimant Michael S. Payne, a Trackman,, was suspended
from service on September 5: 1979 pending a hearing on a charge of insubordination. The hearing was held on September 14o 1979, sad on September 31o 1979 Claimant was informed of his dismissal from the Carrier's service.

A review of the record before this Board establishes that Claimant received a fair and impartial hea September 5, 1979 Claimant was steadfastly insubordinate in refusing a direction from his foreman to carry a Stop Board about one-quarter of a mile and to set it up. There is nothing in the record, other than Claimant's mere assertion., that the assignment was hazardous or a threat to his physical safety. There was substantial evidence to sustain the Carrier's decision to discipline Claimant. Given his prior record of a Letter of Caution and a ten day suspension during a relatively short period of service, and the September 5th incident which directly challenged his Foreman's authority, the penalty of termination was reasonable.

FINDaiGS: 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 Employee involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;
Award Number 23994
Docket Number W-23858

Page 2

That this Division of the Adjustment Board has jurisdiction aver the dispute involved herein; and

That the Agreement vas not violated.

Claim denied.

ATTEST: Acting Executive Secretary

RATIONAL RAILROAD ADJUSWW BOARD
By Order of Third Division

National Railroad Adjustment Board

By ~~4~-~..rv.~f~.t~.- GU ~L~.r
~o~emarie Brasch - Administrative Secretary

Dated at Chicago., Illinois this 17th day of September 1982·

CO VED e

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