Public Law Board
No. 2630
PARTIES Brotherhood of Maintenance of. Way Employes
_TO
DISPUTE: and
Baltimore and Ohio Railroad Company
STATE%tENT 1. The Carrier violated the Rules Agreement ef
_OF
CLAIM: fective,October
1, 1968,
as amended, particularly.
Rule
48
(a) when it assessed discipline of 15 days'
overhead suspension on facts not substantiated
in the Trial Transcript, thereby arbitrary, cap
ricious, and discriminatory due to the Claimant's
organizational relationship.
2. Claimant R. W. Trent's record be cleared of -
the charges brought against him on February 15,
1978.
3. Claimant R. W. Trent, Trackman, be compensated
for wages lost.
FINDINGS: Claimant, a trackman with over five years service,
was administered a 15-day suspension on the ground
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that he refused to comply with a direct order and attempted to
persuade other employes not to comply with the track supervisor's
instructions.
There is substantial credible evidence in the
record that supports Carrier's findings- that claimant failed to
comply with Supervisor Rosier's unambiguous instructions to resume
work after a lunch period and that claimant attempted to influence
other trackmen to persist in that refusal. Claimant himself testified that he told Mr. Rosier that "I am not going to work if the
majority of the men feel that it's raining too hard."
That it was management's responsibility and perogative to decide whether or not the men should work during their
assigned tour is beyond dispute. The evidence.does not establish
that weather conditions were sufficiently bad to constitute an unsafe or unhealthy working condition. Bare assertions, unsupported
by proof, that it would be hazardous to work that rainy afternoon
are far too vague and general to protect claimant from disciplinary
action in this situation.
No sound basis is perceived for setting aside or
reducing claimant's suspension. The charges levelled against him
were sufficiently clear to apprise him of the nature, gravity,
time and place of hearing and to enable him to prepare his evidence.
The record disclosed no prejudicial procedural error. As a local
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hairman, claimant had an obligation to help enforce the rules
.a=,d avoid a resort to self-help; Carrier's decision not to discipline employes with less expertise in labor relations is not
evidence of unfair disparity of discipline.
AWARD:
Claim denied.
Adopted at Baltimore, Maryland,~G~<~1~/~ 1,981.
Cha irfnan
_ ~IZCd~
Carrier Member
Employe Member