Public Law Board No. 3514
PARTIE
S Brotherhood of Maintenance of Way Employes
TO
DISPUTE
: and
Consolidated Rail Corporation
STATEMENT
Claim by Trackman Anthony Tuchalski for rein
OF
CLAIM
: statement and reimbursement for all loss of pay
resulting from his dismissal on August 18, 1975.
FINDINGS
: Claimant, an employee with two years service,
was dismissed for walking off his job, refusal
to perform assigned work and excessive absent
eeism.
Foreman Gomez testified that on July 22, 1975,
he told claimant to put on plates and claimant refused to do so.
According to Gomez, claimant replied, "I'm walking off. I'm not
going to put on any plates."
It appears that putting on plates is a normal
part of claimant's gang's work. The record does not establish
that claimant was singled out for unfair treatment or that he had
a valid excuse for refusing to comply with an unambiguous work
order. Nor was there any satisfactory explanation offered for his
eight absences in July and August 1975; he had been disciplined on
two earlier occasions for absenteeism.
Award No. 14 -'
Case No. 21
We find no basis on this record for substituting
our judgment for that of claimant in this matter.
AWARD: Claim denied.
Adopted at Philadelphia, Pa. ,october 4, 1984.
Harol-d M. Weston, Chairman
rrier M er Employee Member