Public Law Board No. 2363
PARTIES Brotherhood of Maintenance of Way Employes
TO
DISPUTE: and
Seaboard_System Railroad (former LRN Railroad)
STATEMENT Claimant M. M. Armstead shall be reinstated with
OF
CLAIM: seniority and all otherrights unimpaired and com
pensated for all wage loss suffered.
FINDINGS: Claimant, a track repairman, was dismissed from Car
rier's service for refusing to comply with orders
to pull spikes from a track. The orders were un
ambiguous and exposed him to no hazard. They were
given to him directly by Foreman Howard and by Fore
man Skipper, both of whom were competent to give
them.
When claimant was first instructed to pull spikes
by Foreman Howard, he replied that that he wanted to distribute, not
pull, spikes and that he was senior to other employees who were dis
tributing spikes. Claimant then stated that he wished to go to the
rest room. When he returned, Foreman Skipper instructed him to. pull
spikes; claimant's response was that he did not feel well. Foreman
Skipper then told him to go home and claimant declined to do so,
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whereupon Mr. Skipper again ordered him to pull spikes and claimant
did not comply with the order.
There is no sound reason why Carrier'-s supervisory
force should have to put up with this sort of nonsense and attendant
delays and aggravation.
Discipline was clearly appropriate and in view of
the flagrant nature of the offense and the fact that claimant had
been suspended for-45 days in 1980 for failure to following a foreman`s instructions, we find no basis for concluding that Carrier's
decision to dismiss claimant was arbitrary or excessive discipline.
AWARD:
Claim denied.
Adopted at Jacksonville, Florida, January a81 1985.
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rrier Member Employee Member