PUBLIC LAW BOARD - NO. 3514
Case 57 Award 57
PARTIES Consolidated Rail Brotherhood of Maintenance
to Corporation and of Way Employes
DISPUTE:
STATEMENT OF CLAIM: That Foreman E. Thomas was unjustly suspended
for ten days, that the suspension be stricken from his records, and
that he be compensated for all lost time.
FINDINGS: Subsequent to an investigation, the Claimant was found
guilty of insubordination and threatening bodily harm to a supervisor, resulting in the penalty cited above.
The Carrier asserts that the Claimant,-after being given an
assignment for the day, complained that there was too much work.
It afterward followed, according to the Carrier's version of events,
that the Claimant threatened the Supervisor and told him he would
not do the work.
For its part, the Organization contends that the Claimant
never refused to do the work, nor threatened his Supervisor. Moreover, while words were exchanged between the Claimant and his Supervisor concerning the work assignment, it was the Supervisor's choice
of language, particularly when he included the Claimant's mother
therein, that provoked the entire incident.
Certainly, the Organization's arguments are not without merit.
The Supervisor does bear a heavy responsibility to adhere to
PLB No. 3514 C-57 A-57
Page 2
reasonable standards of conduct when he deals with his
His response to his Foreman's complaint about the work strained this
standard. On the other hand, while there was a degree of provocation, it does not excuse the Claimant's refusal to do the work.
Under these circumstances and with weight to the Claimant's 29 years
of service, a ten-day suspension is not an unreasonable use of the
Carrier's discretion.
subordinates.
AWARD
The claim is denied.
F,s;J. Domza ki
LCXrrier er
APR 11 ;985
Eckehard Muess'_
Neutral Membe
J. P. Cassese
Employee Member