Public Law Board No. 2363
PARTIES Brotherhood of Maintenance of-Way Employes
_TO
DISPUTE: and
Louisville and Nashville Railroad Company
STATEMENT . (1) The dismissal of Welder W. R. Huckabaa for
_or. .
CLAIM: alleged insubordination was without just and suf
ficient cause and wholly disproportionate to such
a charge (,System File 1-7,7(10)(79)).
(2) Welder W. R. Huckabaa shall be reinstated
with seniority and all other rights unimpaired
and compensated for all wage loss suffered.
FINDINGS: Claimant, a welder with over 42 years in Carrier's
employ, was dismissed for insubordination.
There is credible evidence in the record that
claimant walked towards Roadmaster H. A. Jones while cursing and .
threatening Mr. Jones just after Mr. Jones instructed a group of
welders, including claimant, to get to work and quit standing
around and talking. The incident occurred at a work site near
X363-~wp 37
Atmore, Alabama. The.evidence does not establish that claimant
struck Mr. Jones or intended to do so.
Insubordination is an extremely serious offense
and no supervisor should have to put up with threatening or insulting conduct. There is some indication, however, that in this
case the heat of the moment caused some confusion in claimant's
conduct and that reason exists for affording him another chance
to show that he is a reliable and cooperative employe. He can
rest assured, however, that a repetition of such conduct will
constitute a basis for termination of his employment.
AWARD: Claimant to be reinstated with seniority unimpaired
but without back pay. .
Adopted at Louisville, Kentucky, February 27, 1981.
v
Hg~old M. Westor, Chairman'/
Ca Uier Member Employe Membe