Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27948
THIRD DIVISION Docket No. MW-28031
89-3-87-3-600
The Third Division consisted of the regular members and in
addition Referee Peter R. Meyers when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(CSX Transportation, Inc.
(former Chesapeake and Ohio Railway Company)
STATEMENT OF Claim: "Claim of the System Committee of the Brotherhood that:
(1) The thirty (30) actual working days of suspension imposed upon
Equipment Operator T. L. Pender for alleged insubordination on June 3, 1986
was harsh, unwarranted and on the basis of unproven charges (System File
C-D-3435/MG-5762).
(2) The claimant's record shall be cleared of the charge 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 is employed as a Class B Roadway Equipment Operator by the
Carrier. On June 4, 1986, Claimant was directed to attend a formal investigation in connection with
"You are charged with responsibility, if any,
for insubordination to your foreman in that you
refused to carry out your assignment to pull
spikes at approximately 8:10 a.m. on June 3,
1987, in the vicinity of Marion, Oh."
Form 1 Award No. 27948
Page 2 Docket No. MW-28031
89-3-87-3-600
The hearing took place on June 16, 1986, and as a result, Claimant was suspended for thirty work
Claimant's behalf, challenging his suspension.
This Board has reviewed the evidence and testimony in this case, and
we find that there is sufficient evidence in the record to support the Carrier's finding that the Cl
assignment given to him by his foreman.
Once this Board has determined that there is sufficient evidence to
support the guilty finding, we next turn our attention to the type of discipline imposed. This Board
Insubordination has often been found to be grounds for dismissal.
Consequently, this Board cannot find that the thirty-day suspension given to
the Claimant was unreasonable. Therefore, the claim must be denied.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Mae ac
wo--~
Nancy J. De Executive Secretary
Dated at Chicago, Illinois, this 6th day of June 1989.