NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-27212
Ronald L. Miller, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(National Railroad Passenger Corporation - (Amtrak)
( Northeast Corridor
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
(1) The twenty-eight (28) days of suspension imposed upon Lineman M.
Hemphill for alleged violation of NRPC General Rules of Conduct, Rules 'A',
'I' and 'K', was without just and sufficient cause (System File NEC-BMWE-SD1227D).
(2) The claimant's record shall be cleared of the charges leveled
against him and he shall be compensated for all wage loss suffered."
OPINION OF BOARD: On February 12, 1985, the Claimant met with his Supervisor.
During the course of that meeting, which the Supervisor
stated was for the purpose of counseling, a disagreement arose, and subsequently, the Claimant left
including the testimony of the Claimant, that he left the meeting against the
specific, clear and repeated instructions of his Supervisor not to do so.
Moreover, the Claimant was warned that by leaving, he would be charged with
insubordination. For reasons not made clear in his testimony, and despite
warnings, he left anyway. There is no evidence in the record that supports
his contention that his Supervisor provoked him to leave the meeting. The
Claimant was insubordinate.
However, the Carrier has not persuasively established that the level
of discipline is appropriate. Discipline must be reasonably related to the
gravity of the offense, the circumstances of the misconduct, and the past
record of the employee. The correction of excessive discipline is properly a
function of this Board. In this matter, a fourteen (14) days disciplinary
suspension would accomplish the intended purpose.
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 26702 Page 2
Docket Number MW-27212
That this Division of the Adjustment Board has jurisdiction over the
dispute involved herein; and
That the discipline was excessive.
A W A R D
Claimant sustained in accordance with the Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: ~s
'Nancy J. D - Executive Secretary
Dated at Chicago, Illinois this 23rd day of November 1987.