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.






              Harp . Weston, 'Chairman


    Carrier Member / Employe Member


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