PARTIES Brotherhood of Maintenance of Way Employees
 TO
 DISPUTE: and
 Seaboard System Railroad (z & N RR)
 STATEMENT Trackman Alphonse Williams shall be reinstated
 -OF
 CLAM: with seniority and all other rights unimpaired
 and compensated for all wage loss suffered.
 FINDINGS: On February 15, 1983, claimant sustained an on
 duty back injury.when he tripped over a broom.
 He was treated by Company doctors and on Febru
 ary 28, 1983, was approved by Dr. Crotwell to
 return to work on a restricted basis. He declined
 to do so.
 ' During the next five or six weeks, members of
 management made repeated efforts to discuss the situation with
 claimant in an effort to determine his physical condition and have
 him return to duty. He did not request a leave of absence. Instead
 the record indicates he avoided meeting or communicating with Car
 rier representatives although repeated efforts were made by manage
 ment to reach him.
 Finally, by letter dated April 8, 1983 from

                                    Ei

                                                            2-


a3~ ~~E, ~ sl

      Superintendent Mosley, claimant was instructed

                    "to be in my office at 9:00 a.m.

                    April 15, 1983. .If for any reason

                    you cannot make this appointment

                    contact my.office before this-date."

      Claimant did not report on April 15 as directed. He called the Division Engineer's office at 7:46 that morning, however, and notified that office that he could not attend the meeting; when he was asked to stay on the telephone to speak with Mr. Mosley, he replied that he could not do so because of the pain.

      After a hearing had been held on charges of insubordination for failing to comply with the instructions contained in the letter of April 8th, claimant was dismissed from Carrier's service.

      We are satisfied from this record that claimant acted to the detriment of Carrier's legitimate interests by a pattern of evasion and is guilty of serious misconduct. It would have been,of course, only common courte.sy"for-claimant to have replied to Carrier's many calls, particularly when the excuse given by his wife was at times that he was asleep. Quite apart from-the matter of courtesy, however, stands the fact that he owed an affirmative duty to his_employer to cooperate and discuss his condition and availability for service.

      It is significant that no medical evidence has been offered to show that claimant was suffering such pain that he could not respond to telephone calls or house visits, attend a meeting or indeed return to work on a restricted basis. An employee interested in his job and his company could_ reasonably have been


                                          ES

                                Award No. 51

= ' - Case No. 107

        expected to be in touch with his supervisors; particularly would that be true if; as here, he had been pronounced physically fit to resume work on a restricted basis.

        The fact that c'laimant's General Chairman could not attend the meeting on April 15 does not excuse his failures to communicate with Carrier. There is no proof to support claimant's assertion that he was harassed by Carrier's management or that he could not attend the meeting because of medical reasons. The Division Superintendent had made it clear that the meeting's purpose was to discuss not discipline but claimant's-progress toward recovery and availability.

        While dismissal is extreme disciplinary action that causes us concern, we find no persuasive ground for substituting our judgment for that of Carrier in this case. After all, it is Carrier alone that must shoulder its difficult manpower problems. The record indicates that claimant had previously been suspended without pay for insubordination (see our Award No. 26); it was proper for-Carrier to take that fact into consideration in assessing discipline. '


        AWARD: Claim denied. '


                      Adopted at Jacksonville Florida,~,~y,·m,v6~ 1984.


HarolduP1\-,'Weston, Chairman

 Uarrier Member Empoyeembe