NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number CL-25446
Marty E. Zusman, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(The Belt Railway Company of Chicago
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9834) that:
1. Carrier violated the effective Clerks' Agreement when after investigation
and hearing on January 13, 1983, it arbitrarily and capriciously suspended Clerk
J. N. Carrano from service for a period of thirty (30) days commencing January
19, 1983;
2. Carrier shall now be required to compensate Clerk J. N. Carrano for
all wage loss suffered as a result of his suspension and his record shall be
cleared of the charges.
OPINION.OF BOARD: Claimant J. Carrano was notified on December 31, 1982, to
attend an investigation to determine his possible responsibility
in a charge of failure.to comply with the instructions of his Supervisor. The
hearing was held on January 13, 1983, and the Claimant was notified by letter of
January 18, 1983, that he had been found guilty of the charge and was to begin an
immediate thirty (30) day actual suspension.
In the instant case with regard to the charge against Claimant, this
Board finds sufficient substantial evidence present including the Claimant's own
testimony to warrant a conclusion of guilt. During the investigation the Claimant
was asked if he understood the order of his Supervisor "that you were to work the
train in question". He responded "Yes, sir". And more directly to the point
when asked 'You did not cork the train?', Claimant responded "No, sir, I didn't".
Additional testimony substantiates not only the Carrier charge, but also that
Claimant received a second order from the Supervisor of Car Operations that Claimant
was to follow the orders of his Supervisor. Claimant failed to do so.
Organization's contention that Claimant's response was contextually
determined by the Supervisor's abrasive and abusive behavior was, in fact, neither
fully established during the hearing, nor could it have had any bearing on the
responsibility of Claimant, in the instant case, to carry out his orders. This
Board, after carefully reviewing the arguments presented, finds that Claimant
Carrano was accorded a fair investigation and was guilty as charged. With respect
to the discipline assessed by the Carrier, this Board has many times held that
insubordination is an offense for which an employe can even be discharged from
service (see Second Division Award 7643 and Third Division Award 21059). As
such, the assessment by Carrier of a thirty (30) day suspension seems neither
unreasonable, nor capricious and will not be disturbed by this Board.
Award Number 25317 Page 2
Locket Number CL-25446
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
Nancy,-i7. ver Executive Secretary
Dated at Chicago, Illinois, this 28th day of February 1985.