Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26866
THIRD DIVISION Docket No. MW-27499
88-3-87-3-210
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Missouri-Kansas-Texas Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The ten (10) days of suspension and ten (10) days of deferred
suspension imposed upon Track Laborer D. W. Chapman for alleged violation of
General Rules
H,
607 (3) and (6) was without just and sufficient cause (System
File 200-23/2579).
(2) The claimant's record shall be cleared of the charges leveled
against him and he shall be compensated for all wage loss suffered."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record
and all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant was employed as a Section Laborer and, on April 25, 1986,
the Extra Gang he was assigned to was assisting a Section Gang in rerailing
several hopper cars.
The record before this Board reveals that the Foreman from the
Section Gang instructed the Claimant to perform a task related to the
rerailing of the cars. The ensuing conversation resulted in the Claimant
being charged with violating General Rules
H
and 607(3) and (6) which in
pertinent part read:
"H.
Employes ...must be courteous and orderly
while on duty
....
607. Conduct: Employes must not be:
...
(3) Insubordinate:
...
(6) Quarrelsome."
Following an investigation, the Claimant was assessed a ten (10) day
actual suspension and a ten (10) day deferred suspension.
Form 1 Award No. 26866
Page 2 Docket No. MW-27499
88-3-87-3-210
From the record before us we conclude that the Claimant's remarks to
the Foreman were disrespectful. However, the evidence presented in connection
with the insubordination charge is not sufficient to establish guilt and, as
such, the discipline shall be reduced to a five (5) day actual suspension and
a five (5) day deferred suspension. Claimant shall be compensated for all
wage loss in excess of the five (5) day actual suspension.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. er - Executive Secretary
Dated at Chicago, Illinois, this 25th day of February 1988.