A

PUBLIC LAW BOARD N0. 2142

Award No. 7

Docket No. MW-1137

Case No. 17

Parties Brotherhood of Maintenance of Way Employees

to and. '

Dispute Illinois Central Gulf Railroad

Statement

of Claim: That Mr. E. L. Miller be restored to service with all rights

unimpaired and paid for each day beginning May 23, 1977

and continuing until such time that he is restored to service.

Findings; The Board, after hearing upon the whole record and evidence,

finds that the parties herein are Carrier and Employee within the

meaning of the Railway Labor Act, as amended, that this Board is duly

constituted by Agreement dated January 23, 1978, that it has jurisdiction

of the parties and the subject matter, and that the parties were given

due notice of the hearing held.

Claimant Trackman on May 11, 1977, was working as a member of Mobile Gang No. 104 installing crossties in a siding at Finger, Tennessee. He was instructed three times to nip ties and he refused each time to iolluw such instructions. Claimant was removed from service pending formal investigation. The Investigation was held to determine whether or not CLaimar.t failed to carry out the instructions given him by his foreman on May L1, 1977. Carrier concluded as a result thereof that Claimant had failed to c.)mply with the instructions given him resulting in violation of General "!..Lice, Wile K, Rule P and U of the Rules for the Maintenance of .gay and '3tract-.res. Hr was discharged as discipline therefor.

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-2- Public Law Board No. 2142

Award No. 7

Claimant. was accorded due process. There was sufficient credible and probative evidence adduced to support Carrier's conclusion as to Claimant's insubordinate conduct. It is quite clear that Carrier had proved its charge.
The. Board usually does not interfere with the discipline assessed unless there be mitigating circumstances. Claimant, a ten.year veteran, has been out of service since May 1977 and had been suffering from a bad back at the time. It would appear that Claimant apparently has learned his lesson. He will therefore be given one last chance to demonstrate his intent and desire to be°a good and loyal employee. Claimant will be reinstated with seniority unimpaired but without any pay for the time out of service subject to his passing the usual return to service physical

examination.

Award; Claim disposed of as per findings.

Order: Carrier is directed to makt this Award effective within thirty (30) days of date of issuance shown below.

c, '
A. J. Cunningham' auplo a tuber . Ha Carrier Member

Art ur T. Van Wart, Chairman and Neutral Member

issued it Falmouth, Massachusetts, August 30, 1978.