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' Award No. 4
Case No. 4
Public Law Board No. 2203
PARTIES Brotherhood of Maintenance of Way Employes
_TO
DISPUTE: and
Consolidated Rail, Corporation
STATEMENT
1. Dismissal is excessive discipline not sup
OF
CLAIM: ported by the transcript - E. C.
Dillard, Claimant.
2. Carrier be required to restore claimant to
service with status and seniority rights unimpaired.
FINDINGS
:
Claimant, a machine operator with 13 years service,
was dismissed for insubordination.
There is substantial evidence in the record that
claimant failed to attend to some of his assigned duties and when
he thought Supervisor Keppler was "badgering" him, told Mr. Keppler
"you keep messing with me and I am going to give you what you need.
I am just the man who can give it to you. I am just in the mood
to do it." A few minutes later, claimant climbed into his auto-
mobile and left the premises.'
. ~.2 ~.. a 3 - A
W
o. 2
These comments by claimant go well beyond any reasonable interchange of remarks between maintenance of way personnel
and are not the sort of things a foreman should have to put up with
in the course of his work. We find no ground for substituting our
judgment for that of Carrier with respect to the discipline in dispute. It was appropriate for Carrier to weigh against claimant's
good work and long service the nature of the present incident and
the fact that claimant had been suspended for insubordination in
1967 and for disorderly conduct in Mr. Keppler's office in 1973
when he was found to be intoxicated and carrying a fizvann. lie
was dismissed for the 1973 incident but reinstated by Third Division
Award 20922 on the ground that he was "on the way to rehabilitation."
AWARD: Claim denied.
Adopted at Philadelphia, Pa.,~
7
1979.
i
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y
Hazbld M. WesVn, Chairman_J
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Carrier Membir mployeem`er