NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MW-24685
Robert W. McAllister, Referee
(Brotherhood of Maintenance of Way Dnployes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation (former
(Penn Central Transportation Company)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Trackman R.P. Wiley for alleged "Failure to
follow orders of Foreman J. Schauer" on April 10, 1980 was without just and
sufficient cause (System Locket No. 600).
(2) The claimant shall 1e reinstated with seniority and all other
rights unimpaired and he shall be compensated for all wage loss suffered.
OPINION OF BOARD: The Claimant, Richard P. Wiley, a Trackman, entered the
Carrier's service on November 1, 1976. He was dismissed by the
Carrier on July 24, 1980, on four counts involving failure to follow orders. The
Organization charges the Carrier's refusal to grant a postponement of the
scheduled May 28, 1980, hearing deprived the Claimant of a fair and impartial
trial.
The record does not support this assertion. This Board has studied the
transcript and is satisfied the Claimant was afforded every opportunity to be
present at the hearing and, for reasons only known to him, chose not to attend.
Turning to the merits of the four counts of insubordination, the Board
notes that the direction and control of railroad operations are reserved to the
Carrier. Should the Carrier violate the terms and conditions of the collective
bargaining agreement, the Railway Labor Act provides recourse. Notwithstanding,
the orders and direction of manangement must be followed. Adherence to such
directives is not discretionary. Simply put, the orders of management must be
complied with. An employee who perceives himself to be aggrieved must follow the
instructions given and, thereafter, seek relief through the grievance procedure.
Herein, the record establishes sufficient evidence to support the Carrier's
action of removal. When this action is considered, in light of the Claimant's
prior record, the Claimant's dismissal is commensurate with the proven offense of
insubordination.
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 Employe within the meaning of the Railway Labor Act, as
approved June 21, 1934;
Award Number 24648 Page 2
Docket Number MW-24685
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: ~-Nancy J ver - Executive Secretary
Dated at Chicago, Illinois, this 30th day of January, 1984
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