Public Law Board No. 2363
m
PARTIES Brotherhood of Maintenance of Way Employes
TO -
DISPUTE: and
Louisville and Nashville Railroad Company
STATEMENT The dismissal of Carpenter Raymond Bradley for
OF
CLAIM: alleged insubordination was without just and suffi
cient cause; he should be allowed the remedy pre
scribed in Rule 27(f).
FINDINGS: Carrier's findings that claimant was insubordinate
are supported by substantial credible evidence con
sisting in the main of testimony by claimant's fore
man, W. F. Duty and Carpenter Helper Key.
The evidence shows that on April 9, 1981, a delivery
truck arrived at claimant's floating gang's location with rods for
the gang's use. Foreman Duty instructed claimant and another car
penter, Mr. Yocum, to unload the material. Yocum complied promptly
but claimant ignored the instructions, although they were given
twice to him; he informed Mr. Duty that he was on his break and
sat down.
On the following morning upon his arrival at the
work site, claimant told two other members of the gang to get his
tool box out of the truck, some 20 feet away, and bring it to
him. Foreman Duty told claimant that it was his responsibility
to bring the tool box to the site and that he would not take two
men from the job to carry claimant's tool box. Claimant argued
that the practice was to have carpenter helpers to carry the car-
penters tool box. Claimant advised Mr.
to call
did not
the
return
Duty that he was going
office about the matter and walked off the job. He
to the site until about four hours later.
It is entirely clear that claimant was insubordinate.
He could have utilized the orderly processes to which his Organiza-
tion and Carrier are committed
had regarding his foreman's instructions.
to process any complaint he may have
He was not at liberty,
however, to resort to self-help and to interfere with the work of
his gang,.
No prejudicial error is disclosed by this record.
The claim will be denied.
AWARD:
C rrier Member
Claim denied.
Adopted at Jacksonville, Florida, April 21, 1983.
Hanbf M. West on, Chairman
Employe Memb r