PUBLIC LAW BOARD N0. 2444
Award No. 83
Case No. 97
Docket No. MW-82-6
336-36-A
Parties Brotherhood of Maintenance of Way Employes
to and
Dispute Southern Pacific Transportation Company
(Texas and Louisiana Lines)
Statement
of Claim: Claim of BMWE and Machine Operator E. R. Jones assigned
to extra gang 141 at Dayton, Texas, for eighty hours
pay at his respective pro rata rate, alleging unjustly
suspended from service June 17, 1981, through and
including June 30, 1981, for alleged insubordination
to General Track Foreman F. L. Weishaar.
Findings: The Board, after hearing upon the whole record and all evidence,
finds that the parties herein are Carrier and Employee within the meaning
of the Railway Labor Act, as amended, that this Board is duly constituted
by Agreement dated July 19, 1979, that it has jurisdiction of the parties
and the subject matter, and that the parties were given due notice of the
hearing held.
Claimant, a Machine Operator, was advised under date of June 17, 1981,
that he was suspended from service for ten (10) working days without pay
effective June 17, 1981 through and including June 30, 1981 for being
insubordinate on June 16, 1981 because he refused to follow General
Track Foreman F. L. Weishaar's instructions to get on his assignment
and start working.
The Board finds that there was sufficient evidence adduced to
support Carrier's conclusion as to Claimant's guilt.
Claimant was accorded the due process to which entitled and the
discipline in light of the circumstance of the record is found to be
reasonable. This claim will be denied.
Award: Claim denied.
PLB - 2444
-2- Award No. 83
t .<1.~`Christ
e,
Emp oyeeMember C. B. oyne`, Car per Mer~ber
~hf'~.2 ~IcL ~l-
Atthur T. Van Wart, Chairman
and Neutral Member