NATIONAL
RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-25367
Paul C. Carter, Referee
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT
OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad
Signalmen on the Consolidated Rail Corporation.
Dismissal of Signalman Ronald C. Smith for alleged insubordination
was excessive and Carrier's decision should be reversed. [Carrier File No. SD2011-D Eastern Region]<
OPINION OF BOARD: The record shows that Claimant, a Signalman, had been in
Carrier's service about four years. On November 30, 1982,
he was notified to attend a trial in connection with the charge:
"Insubordination, disregarding direct orders from Assist.
Supervisor C&S, J. P. McGettigan, not to take personal
vehicle to job site, November 17, 1982."
The trial was held as scheduled on December 6, 1982. Claimant was
present and represented. A copy of the transcript of the trial has been made a
part of the record. A review of the transcript shows that the trial was conducted
in a fair and impartial manner. None of Claimant's substantive procedural
rights was violated. On December 21, 1982, Claimant was notified of his dismissal
from Carrier's service.
In the trial there was substantial evidence, including Claimant's
statement, that Claimant asked his Supervisor for permission to drive his
personal vehicle to the job site.' The request was denied by the Supervisor.
Notwithstanding the denial of his request by the Supervisor, Claimant did drive
his personal vehicle to the job site, in violation of the specific instructions
of the Supervisor. It was also brought out in the trial that Claimant had
ridden in the Company truck between October 2, 1982, and the involved date of
November 17, 1982, with five other people, without objection as to safety.
It was also established in the trial that the Company truck was a
licensed six-passenger vehicle, and inspection showed that it was equipped with
six usuable seat belts.
After reviewing all the facts of record, we are convinced that Claimant
willingly engaged in unjustified insubordination on November 17, 1982. An
employe who knowingly disobeys instructions from an authorized Supervisor,
exposes himself to disciplinary action, unless a real safety hazard is involved.
In case an employe contends that a safety hazard is involved, the burden is
upon the employe to prove that such safety hazard actually exists. There was
no such proof by the Claimant in the present case.
. Award Number 25192 Page 2
Docket Number SG-25367
Insubordination is considered a major offense in the railroad industry,
usually resulting in dismissal. There is no proper basis for the Board to
interefere with the discipline imposed by the Carrier.
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:
Nanc ever - Executive Secretary .
Dated at Chicago, Illinois, this 11th day of January 1985.
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