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.



As specified in the Findings.

F ."DOm ski
rier M er

Ed Mue ig

Neutral Member




dJ. P. Cassese

Employee Member