PUBLIC LAW BOARD N0. 3765
Parties
to the
Dispute
CONSOLIDATED RAIL SYSTEM FEDERATION
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
GRAND TRUNK WESTERN RAILROAD COMPANY
Case No.S
Award No. 8
STATEMENT OF
CLAIM
(a) The dismissal of Trackman John E. Chambers was
excessive, arbitrary, and capricious, and wholly
unsubstantiated by the facts as found in the
Trial Transcript, and that Claimant was not afforded a fair and impartial hearing.
(b) Claimant Chambers shall be reinstated into
Carrier's service, with seniority rights restored,
and shall be compensated for all lost wages, including overtime, from the time he was called
out of service to the present.
OPINION
OF THE BOARD
Claimant J. E. Chambers was hired as a Trackman in July 1978. On
August 19, 1980, he was charged as follows:
...to determine your responsibility, if any, for
insubordination, to Foreman C. E. Fletcher at 10:30
A.M. on August 7, 1980 (EST) by refusing to remove
ties when so directed by Mr. Fletcher.
-Z-
376 S- 8
A hearing into the matter was held, at which time Claimant was
found guilty as charged. When Carrier reviewed Claimant's past record
of 45 demerits issued for failure to protect his assignment in conjunction with a serious incident of insubordination, it concluded that
Claimant's dismissal from service was appropriate.
This Board has reviewed the total record of this case and can
find no basis on which to overturn Carrier's actions. Claimant was
a short-term employe who did not show up for work on a regular basis
and who had difficulty following orders when he was at work. Carrier
is not required to keep such an employe on the payroll.
AWARD
The claim is denied.
R:
E. Dennis, Neutral Member
W. E. LaRue, Employe Member R. d 0 n, Carrier Member
`_~cue. -2D8
7
Date of Adopti