Public Law Board No. 3794
PARTIES Brotherhood of Maintenance of Way Employes
TO
DISPUTE: and
Seaboard System Railroad
STATEMENT The Letter of Caution issued to C. S. Fountain
OF
CLAIM: by Roadmaster L. J. Tucker on June 10, 1983 be
removed and his record be cleared.
FINDINGS: On the day in question, May 31, 1983, Apprentice
Foreman Fountain was working under the immediate
supervision of Foreman Brannen. It became nec
essary to replace a defective rail and claimant
was instructed by Foreman Brannen to take the
men and perform certain preparatory work prior
to eating lunch. The work was not done before
lunch and Foreman Brannen verbally reprimanded-
claimant for not doing so.
Claimant was under the impression that it would
be in order to take lunch at the time his men and he did since it
was beyond the normal lunch time when Mr. Brannen left him. .When
claimant attempted to explain his position, he was verbally repri
manded again and told "that that was the end of it."
However, Roadmaster Tucker gave claimant the
3Wy-r2 ~ .
Letter of Caution on June 10, 1983; it reads as follows:
"This is a letter of caution to
you for failure to carry out Mr.
l Brannen's instructions to clear
off and rob rail to be changed
out behind Sperry Car.
"You are reminded of Rule G-1 in
Operating Rule Book and Rule 18
in Safety Book, the part about in
subordination. -
"Failure to carry out reasonable instructions issued to you by your
Foreman or other superior is a violation of these rules.
"You should read these rules and
comply with them in the future."
The record does not establish that claimant was
harrassed or unfairly treated and it was not inappropriate, but in
line with managerial authority, for the Roadmaster to bring the importance of rules compliance to claimant's attention. Carrier has
unambiguously represented that the Letter is not considered to be
of a disciplinary nature and will not become a-part of claimant's
discipline record. Its only purpose was to caution claimant to
avoid similar incidents in the future.
AWARD: Claim denied:
Adopted at Jacksonville, Florida, . j~ 1985.
~r
f. .
Harold- M. Weston, -Chairman
Cagier Member Employee Member
V