PL,LIC LAW BOARD NO. 3514
Case No. 125 Award No. 126
PARTIES Brotherhood of Maintenance of Way Employes
to -and
DISPUTE: Consolidated Consolidated Rail Corporation
STATEMENT
OF CLAIM:
Appeal of Trackman Daniel Jackson to have
discipline of fifteen i15) calendar days
removed from his record.
FINDINGS: Subsequent to an investigation held on June 13, 1985,
the Claimant was found guilty of insubordination. In essence, the
Carrier found that the Claimant refused to comply with a direct
order to leave a bus and go to work.
Failure to obey legitimate orders may lead to dismissal.
While the organization contended that weather conditions prcmpted
the Claimant's concerns about handling tools and performing work
activities, the Board notes that it is the Carrier's role to
determine whether conditions are safe to perform work.
Here, we find the evidence is convincing that the Carrier did
not abuse its authority and the claim is denied.
AWARD
As specified in the Findings.
F ."DOm ski
rier M er
Ed Mue ig
Neutral Member
i
dJ. P. Cassese
Employee Member