Public Law Board No. 2778
PARTIES Brotherhood of Maintenance of Way Employes ,
DEPUTE: and
Baltimore and Ohio Railroad Company
STATEMENT Foreman D. R. McLain was disciplined in violation
OF
CL7CfM: of the Schedule Agreement and should be allowed the
provisions of Rule 48(e).
FINDINGS: Claimant, a yard foreman, was suspended for five
days for failure to comply with instructions. He
had been instructed by Supervisor Higgins to report
to the Chief Dispatcher's office at Newark, Ohio,
to complete a Book of Rules.examination. Mr. Higgins
told him at the time that he could go directly to
Newark that morning; that saved him the trouble of
reporting first to his regular place of work at
Port Columbus. Mr. Higgins also instructed claim
ant to report to his gang if he completed the exam
ination before noon, but informed claimant that he
would not have to report to work if the examination
were completed after the noon hour.
The examination was completed at 10 a.m., but claim-
PLB - 2778 Award No. 24
ant did not report to work that day. He did not communicate with
Mr. Higgins or offer any explanation at the time.
That claimant received unambiguous instructions
to return to work from competent authority is clear. The record
discloses no prejudicial procedural error. No basis exists for
setting aside the discipline imposed on claimant.
AWARD: Claim denied.
Adopted at Baltimore, Maryland,
4~ _?
1984.
~r
Ha o M. Wes o , Chairman
arr er Member Emp oye Member