Award No. /~,
Cast, :·'.,.
`13
Public Law Board
Xo.
2630
PARTIES Brotherhood of Maintenance of Was Employes
DISPUTE: and
Baltimore and Ohio Railroad Company
_STATEMENT 1. The dismissal of J. R. Gartner, Foreman
_OF
CLAIM: Track, is excessive, arbitration and in viola
tion of Rule 48 (a) of the current agreement.
2. Carrier restore claimant to service with
seniority and benefits li:iimp:iired and compansate
him for all time lost.
FINDINGS: After attending a hearing on the morning in
question, claimant wa.; instructed ~y Supervisor
Higgins to return to work at a derallment site
to help put the yards back in service.
Claimait did return to the site as instructed,
but shortly thereafter at about 11:45 a.m., left the scene with
:-wo or three employes under his supervision. Another :-)reman
remained on duty there. Repairs had
oot
been completed at the
time of claimant's departure. His only explanation, a,~ t'ze record
indicates, was that "the person i ride with had gotten sick and
was leaving ...and us other three that ride with him was leaving."
There is no evidence that any family or other emergency prompted
claimant to leave.
We find no persuasive basis in this record for
substituting our judgment for that of Carrier in this in :oLer
able situation. The fact that the employes who left whit
cT4T
may not have been disciplined does not call for a contrary
result since they were under his supervision.
AWARD: Claim denied.
Adopted at Baltimore, Marvland, XV 1-1980.
_ l 1
.l
L
Harp . Weston, 'Chairman
Carrier Member / Employe Member
63E - /O