NATIONAL RAILROAD ADJUSTMENT BDARD
THIRD DIVISION Docket Number Nb1-24307
Robert W. McAllister, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(St. Louis Southwestern Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Laborer P. L. Chidester for alleged violation
of 'Rules 801 and 802' was without just and sufficient cause and wholly disproportionate to the char
(2) Laborer P. L. Chidester shall be reinstated with seniority
and all other rights unimpaired and he shall be compensated for all wage loss
suffered."
OPINION OF BOARD: Claimant P. L. Chidester was employed as a track laborer
assigned ~to Extra Gaflg 6121 at the Carrier's Pine Bluff,
Arkansas, Gravity Yard. He had been employed by the Carrier approximately one
year and eleven months at the time of his dismissal on July 31, 1980, for violation
of parts of Rules 801 and 802, which read in part:
"Rule 801
Employes will not be retained in the service who are
...
insubordinate, dishonest,
...
quarrelsome
..."
"Rule 802
Indifference to duty, or to the performance of duty, will
not be condoned
...
Courteous deportment is required of all employes in their
dealings with
...
their subordinates and each other."
The Organization contends Claimant's dismissal was without just and
sufficient cause and wholly disproportionate to the charge. Herein, the Carrier
reviewed the evidence developed in the hearing and concluded Claimant's conduct
was as charged. Examination of that record by this Board does not lead to a
contrary result.
The testimony of the witnesses supports a finding that Claimant refused
a direct order and did not return to work as instructed. With respect to the
Organization objection to converting Claimant's immediate thirty day suspension -
to a dismissal the following day, this Board has determined that action was neither
arbitrary nor capricious. Claimant's defiant conduct precipitated that decision.
Award Number 24219 Page 2
Docket Number MW-24307
This Board concurs with the Carrier's findings of fact and its decision
to terminate the Claimant. The Claimant was insubordinate and unrepentent. No
circumstances were presented to suggest Claimant's disobedience was warranted by
any accepted consideration, such as safety. We are also unable to state that
given Claimant's prior record, the Carrier's termination of his services was
excessive discipline.
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.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: _ Acting Executive Secretary
National Railroad Adjustment Board
By-/~
s~i2~
~~
Rosemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 14th day of March 19.
C C ~~