Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27838
THIRD DIVISION Docket No. MW-27880
89-3-87-3-402
The Third Division consisted of the regular members and in
addition Referee W. F. Euker when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Kansas City Southern Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:
(1) The discipline imposed upon Track Laborer C. L. Hines for alleged
insubordination on November 25 and 26, 1985 was arbitrary, unreasonable and in
violation of the Agreement (Carrier's File 013.31-342).
(2) The claimant shall have his record cleared of the charge leveled
against him and he shall be compensated for all wage loss suffered between
November 26, 1985 and February 26, 1986, excluding the time for which he received vacation pay and e
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.
The Claimant, a Track Laborer for eleven years, was charged with insubordination occurring on tw
1986, for refusing direct orders from his foreman and/or arguing whether those
orders should be carried out. A formal Investigation was held, following several postponements at th
guilty of the charge and given a suspension from service which coincided with
the period he was out of service for rehabilitative therapy, i.e. November 27,
1985, to February 25, 1986. The Claim was handled in the usual manner on the
property and is now presented for our decision.
Form 1 Award No. 27838
Page 2 Docket No. MW-27880
89-3-87-3-402
Our review of the trial record convinces us that Claimant had a serious problem following orders wit
facet of the order. In truth, he appeared to harbor resentment not merely toward the Foreman but oth
the manner of performing a certain task, nor rare to see those disagreements
disintegrate into strong vocal challenge, nevertheless in this case Claimant
went beyond the limits of liberal tolerance by his strident and ceaseless
arguments over work methodology, when he would have been well advised to keep
his own counsel.
We are not persuaded that Claimant was insubordinate as much as he
was argumentative, although in some cases, the two may eventually blend. The
workplace is not a debating society and the token discipline administered in
this case will caution the Claimant to curb his desire to challenge every
order in the future.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. -Executive Secretary
Dated at Chicago, Illinois, this 13th day of April 1989.