PUBLIC LAW BOARD NO. 2439
Award No. 87
Case No. 87
PARTIES Southern Pacific Transportation Company
TO and
D17UTE Brotherhood of Maintenance of Way Employes
STATEMENT "1. That the Carrier's decision to suspend Grinder Operator,
F CL M Mr. D. H. Vanderpool, for a period of thirty (30) calendar
days commencing January 15, 1984 through and including
February 14, 1984, was without just and sufficient cause,
excessive, in abuse of discretion and in violation of the
agreement.
2. That Mr. D. H. Vanderpool's record be cleared of all
charges and that he be compensated for all wage loss
suffered as a result of the violation as described in
Paragraph 1 hereof."
FINDINGS
Upon the whole record, after hearing, the Board finds that the parties herein
are Carrier and Em;:loyees within the meaning of the Railway Labor Act, as
amended, and that this Board is duly constituted under Public Law 89-456 and
has jurisdiction of the parties and the subject matter.
Claimant had been working as a grinder operator with a welding gang on double
track territory. On October 25, 1983, at approximately 2:15 P.M., claimant
had been working under the instruction of the lead welder. At that time the
track foreman instructed claimant to grind two welds which had just been completed by the gang. Several minutes later the forenmn noticed that claimant
was not doing the work as instructed and as~ed him the reason for it. The
testimony indicates that claimant told him that he wanted someone to protect
him from the trains. The foreman assured the claimant that there were no trains
to be in the area until after 4:00 P.M. and that there was adequate protection
since the entire gang was working on that particular eastbound rail. Claimant
refused to do the work unless he was given protection by someone watching for
trains. The foreman then told claimant that if he wasn't going to work, he
should go home. The claimant left the worksite at approximately 2:30 P.M.
PLB-2439 - ' 2 - - Award No. 87
and went home for the day. Subsequently, following a formal investigation
and a charge that claimant had not been following instructions of the supervisor, he was found guilty and awarded a thirty-day suspension for the infraction.
Petitioner insists that claimant was correct in his request for a lookout
and no employee should be penalized for desiring to work in the safest possible manner. The Organization maintains that claimant's request for a lookout
was reasonable and he acted in good faith in making his request. He should not
have been assessed discipline since there was no evidence that he was guilty.
Carrier states that the claimant had been informed that the working conditions
were safe since the work was being done under the protective conditions required. In addition, there was a "window" system in effect providing for a
period of freedom from operations of trains until the work was completed
(4:00 P.M.). Furthermore, the lead welder performed the work which had been
asked of claimant in about twenty minutes, finishing the work long before any
trains could enter the work area. Carrier maintains that claimant was simply
unwilling to take orders from a particular foreman and the discipline was
lenient under all the circumstances since he.could have been dismissed for the
infraction.
It is the Board's view that it is apparent that there was some difficulty between claimant and his supervisor. The fact of the matter was that there were
two supervisors working with claimant on the day in question, the lead welder
as well as the foreman of the gang. Nevertheless, clearly claimant was guilty
of the charges and his refusal to follow the instructions of his foreman
under the circumstances cannot be tolerated and should not have been under any
circumstances. Thus, the penalty accorded for his guilt of the infraction
was not excessive and must not be disturbed. The claim must be denied.
AWARD
Claim denied.
PLB-2439 - 3 Award No. 87
. M. Lieberman, Neutral-Chairman
c er ing, arrier ember oo5e, mp oye' l e Member
San Francisco, California
August 37, 1985