PUBLIC LAW BOARD N0. 2960
AWARD N0. 12
CASE N0. 9
PARTIES TO THE DISPUTE:
Brotherhood of Maintenance of Way Employes
and
Chicago and North Western Transportation Company
STATEMENT OF CLAIM:
1. "fhe thirty (30) day suspension assessed Foreman A. Q. Cisneros
for alleged insubordination was without just and sufficient
cause and unproven. (Carrier's File D-11-16-86)
2. Foreman A. Q. Cisneros shall be compensated for all wage loss
suffered."
OPINION OF THE BOARD:
The Carrier, by letter dated April 21, 1930, directed the Claimant
to attend an investigation on the following charge:
"Your responsibility for failing to comply with instructions
given to you on April 1 and 2, 1980, to report to derailment
near Careyhurst, Wyoming."
Subsequent to the hearing, Claimant was given a 30-day suspension.
In reviewing the evidence, it is the conclusion of the Board
that there is substantial evidence to support the charge that the
Claimant was guilty of failing to comply with instructions particularly on April 2, 1980.
The record reflects that Roadmaster Root sent a message to
the Claimant to report at 6:00 a.m. April 2 to report to a derailment at MP
AWARD 112 - 2960 2
564.6, west of Careyhurst. The message was sent through the train
dispatcher. It is apparent that the dispatcher delivered the message.
The Claimant then asked the train dispatcher to inform Roadmaster
Root that he could not report because he was to report to Chadron,
Nebraska, April 2, to begin a new assignment on which he recently
bid as a Machine Operator. The Machine Operator position was on
the territory of Roadmaster Crawford. When this reply was given
to Root, Root then asked the dispatcher to tell the Claimant to call
him at home that evening. The record then reflects that on April 1
after Roadmaster Root recieved the Claimant's reply, he did not again
instruct the Claimant to report to the derailment. The only order
he received after his reply was to call the Roadmaster at home.
The Claimant testified that both he and his wife tried to call the
Roadmaster that night but were unsuccessful in reaching him.
The Claimant did reach Roadmaster Root at 6:00 a.m. April 2,
1980. Mr. Root testified.that during this conversation he directed
the Claimant to report to the derailment and also informed Claimant
that he had talkea to Roadmaster Crawford regarding needing the Claimant
for the derailment duty. The Claimant admitted being told by Root
that " . .I better be there." Moreover, he admits he did not report
to the derailment.
The above evidence makes it abundantly clear that the Claimant
failed to comply with Roadmaster Root's instructions issued at 6:00
a.m. on April 2 to report to the derailment. If the Claimant felt
he was somehow not obligated to report to Roadmaster Root's territory
or comply with his instructions because he was to start an assignment
AWARD I#12 - 2960
later that day on Roadmaster Crawford's territory, he had an obligation
to comply now and grieve later. The "comply now-grieve later"
principle is so well established it doesn't require precedental citation.
Regarding whether 30 days is appropriate discipline for this
offense, we do not find it to be excessive.
AWARD
Claim denied.
Gil Vernon, Chairman
T
rawford, Caryier Mem er
Date-
s/(~1~2
G. Harp, Employe `emoe