NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-24661
W. S. Coleman, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(The Atchison, Topeka and Santa Fe Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9640)
that:
(a) Carrier violated the Clerks' Agreement at Topeka, Kansas, when it
suspended Ms. E. P. Spriggs from its service effective close of business November
18, 1980, as outlined in Mr. Chappell's letter to Claimant dated December 12,
1980.
(b) Claimant shall now be reinstated to service with the Carrier with
all rights unimpaired and compensated for all monetary loss suffered on her position
for period of suspension from November 18, 1980 to and including February 16,
1981.
(c) In addition to above monies claimed, E. P. Spriggs shall now receive
ten per cent (10%) interest on monies claimed, such interest to be compensated on
each and every pay period from November 18, 1980 forward.
OPINION OF BOARD: Claimant E. P. Spriggs was at the time of the incident involved
here assigned to the Timekeeper's position at Topeka, Kansas, on
the 7:30 A. M. to 4:00 P. M. shift, Monday through Friday. On November 12, 1980,
she was given a copy of Quality Control Review in connection with her work. The
issuing of this critical report caused Claimant to become angry. After a number
of confrontations with her Supervisor on that and subsequent days, she was suspended
from service and directed to report for an investigation into the matter.
A hearing into the matter was held and Claimant was found guilty of
being in violation of Rule 14 of the Rules of Conduct that relate to being indifferent
to duty and insubordinate. For these infractions, she was assessed a 90-day
suspension.
This Board has reviewed the detailed record of this case and must conclude
that Claimant was a very difficult and uncooperative employe who acted in a grossly
insubordinate manner in this instance. We must also conclude that a 90-day suspension
is not an inappropriate penalty.
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;
Award Number 25387 Page 2
Docket Number CL-24661
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.
NATIOARL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST
Nancy J r - Executive Secretary
Dated at Chicago, Illinois, this 15th day of April 1985.