PUBLIC LAW BOARD N0. 2366
AWARD N0. 12
CASE NO. 22
CASE ,#1279 39-1
FILE: I1-142-T-79
PARTIES TO DISPUTE:
Illinois Central Gulf Railroad Company
and
Brotherhood of idaintenance of Way Employees
STATEMENT OF CLAIM
°(1) The dismissal of Trackman M. C. Deck for
alleged
insubordination was
without just and
sufficient cause and wholly
disproportionate,
to such a charge.
(2) Trackman M. C. Deck shall be allowed the
remedy prescribed in Rule 33(i)."
OPINION ~,OF BOARD
Subsequent to an investigation, the Claimant was
terminated for insubordination in refusing to follow a
direct'order of his Supervisor.
,i
The Employee had been recalled from a furlough status
due to a severe snow storm necessitating assistance in restoring the yard to operational capability.
The fact that the Employee may have volunteered to
perform certain service does not mean that he is immune
from following basic orders. .
The record before us contains sufficient evidence to
support a conclusion that the Employee failed to follow
reasonable instructions given to him by his Supervisor and,
under the
circumstances of this case, that refusal was
grounds for
termination of employment.
FINDIVGS
The Board, upon consideration of the entire record and
all of the evidence finds:
The parties herein are Carrier and Employee within the
meaning of the Railway Labor Act, as amended.
This Board has jurisdiction over the dispute involved
herein.
The parties to said dispute were given due and proper
notice of hearing thereon.
Claim denied.
AWARD
Jose Sh. Ay Sickle
Cha "rman and Neutral7fember
/n
Frugh G,.i Harper
Organization Member
//y a
IDrYrE
1*1Kf-.--
A~
R~ G.' jichier
Carrier Member
,2. 3 6 6 - /'-~.~.' o, i L