PUBLIC LAW BOARD NO. 3765
* *
* *
* Consolidated Rail System Federation
Parties * Brotherhood of Maintenance of Way
to the * Employees * Case No. 36
Dispute
* VS.
* *
* Grand Trunk Western Railroad Company
* *
STATE ENT OF - .AIM
Mr. Alexander was innocent of the charge
and he should be returned to service
immediately and be paid for all time lost
and credited for Vacation qualifying days
and any other benefits he would have
accrued if he had been allowed to continue to work.
OPINION OF THE BOARD
Kenneth Alexander, the Claimant, was employed by Carrier as a
Trackman. On September 12, 1988, he was assigned to a gang that
was installing a rubber crossing at 103rd Street in Chicago, Illinois.
Carrier alleges that the work was not being done properly and that
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Claimant was directed to redo some work on the crossing. He became
argumentative, yelled and cursed at the Foreman, and did not
complete the work he was directed to do. He also obstructed other
employes from doing the work and he left the work site to call the
Foreman's boss. On September 21, 1988, Claimant was charged as
follows:
You are hereby notified to attend a formal
investigation scheduled to be held at 1000 hours
E.S.T. on Thursday, September 29, 1988, in the
Supervisor of Track's office at 207 Bush Street,
Valparaiso, Indiana for the purpose of determining
your responsibility, if any, for allegedly being insubordinate and argumentive (sic) with Foreman Tom
Runyon at approximately 1340 hours on Monday,
September 12, 1988, at 103rd Street crossing in
Chicago, Illinois.
The hearing was held as scheduled. A transcript of the hearing
has been made a part of the record. A review of that record reveals
that Claimant was granted all substantive and procedural rights
guaranteed by Agreement. It also reveals that Claimant was guilty
as charged. A review of the transcript indicates that Claimant was
insubordinate and argumentative on this occasion and that he had a
problem with following orders and with time and attendance in the
past.
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Carrier is not obligated to continue in its service employes who
will not willingly follow orders and who become argumentative when
directed to perform their work. This Board can find no basis on
which to overturn Carrier's actions in this instance.
AW~A D
The claim is denied.
R: Dennis, Neutral Member
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Jo A. DeRoche, Carrier Member .R, aso ,
Employe Member
February 20, 1991