Award No. 2 Case No. 2

Public Law Board No. 2203

PARTIES Brotherhood of Maintenance of Way Employes
_TO
DISPUTE: and
Consolidated Rail Corporation
STATEMENT 1. The Carrier's action in removing Trackman
OF
CLAIM: James Warren from service was unreasonable and unduly
harsh for the offense.
2. Carrier shall reinstate Trackman Warren with
' seniority and vacation rights unimpaired and with pay
for time lost. oaf ~~ ~`
FINDINGS: Claimant was dismissed forIR.~Y~r,;E_ri~dAT;,t* a tlter having been
. in Carrier's employ for 31 months.
The record establishes that he refused to comply with
the direct order of a foreman to assist in salting a hill used as
the entrance to McCullough Yard at Cincinnati, Ohio. He argued
that it was not his job to salt the hill down and that the hill was
not Company property.
:,. 2
a -A 03 A-VO ~ZL

There is no evidence that the job subjected claimant to danger or illness. It is entirely clear that he should have complied promptly with the order and tested its propriety, if he considered it improper, through the orderly processes of the grievance procedure.

No basis is perceived for setting aside the discipline and the claim will be denied. The foreman's warning to claimant that if he failed to comply with the order, he could go up the hill was plainly a warning of discipline and did not reasonably mean that he was free to leave work.

AWARD; Claim denied.

Adopted at Philadelphia, Pa., 7)L, G, U~l /7 l

1979.

i

Harpld M. Weston, Chairman

Carrier MemYer "Employe Member