PUBLIC LAW BOARD NO. 1837
Award No. 107
Parties to Dispute:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
and
NORFOLK AND WESTERN RAILWAY COMPANY
Statement of Claim:
1. The twenty-two day suspension assessed Assistant Foreman A. J.
Long for his alleged conduct unbecoming an employee concerning
being insubordinate and failing to follow instructions was without
just and sufficient cause and in violation of the Agreement (Carrier's
File MW-FTW-96-21).
2. Claimant A. J. Long shall now be compensated for all wage loss
suffered from April 16 to May 8, 1996.
Upon the whole record and all the evidence, after hearing, the Board finds that the
parties herein are Carrier and employee within the meaning of the Railway Labor Act, as
amended, and this Board is duly constituted by agreement under Public Law 89-456 and
has jurisdiction of the parties and subject matter.
This Award is based on the facts and circumstances of this particular case and
shall not serve as a precedent in any other case.
AWARD
After thoroughly reviewing and considering the transcript and the parties'
presentations, the Board finds that the claims should be disposed of as follows:
a
The record in this case reveals that the Claimant was properly found guilty of
h`13 1837-po-o 10-7---
acting in an insubordinate manner and failing to follow instructions from his supervisor.
The disrespect and insubordination he displayed on the date in question clearly
constituted conduct unbecoming an employee.
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
will not set aside a Carrier's imposition of discipline unless we find its action to have
been unreasonable, arbitrary, or capricious.
This Claimant has been employed by the Carrier for over nineteen years. He has
an excellent disciplinary record. Consequently, given the lengthy seniority and the good
previous record, this Board finds that the Carrier only had just cause to issue the Claimant
a five-day suspension. Hence, the 22-day suspension is reduced to a 5-day suspension
and the Claimant shall be made whole for the difference.
AWARD:
Claim sustained in part. The Carrier had just cause to issue a five-day suspension
to the Claimant. The Claimant shall be made whole r any time that he was off in excess
of the five days.
D. artholomay
Orga zation Member
ETE
R. MEYERS
Neut al Member
E. N. Jacobs,
Jr.
Carrier Member
a
Issued at Chicago, Illinois on June 29, 1998