Public Law Board No. 3794
PARTIES Brotherhood of Maintenance of Way Employees -
TO
DISPUTE: and
CSX Transportation, Inc.
STATEMENT The dismissal of Trackman M. J.Bacote was without
OF
CLAIM: just cause and he should be reinstated with all
benefits unimpaired and with back pay.
FINDINGS: While Assistant Roadmaster Creech was observing
trackmen lay rail, he noticed that claimant was
distributing only two tie plates at a time along
the roadbed. Mr. Creech told Foreman Coleman to
have claimant distribute more than two plates at
a time to speed up production.
A little later, when Mr. Creech observed that
claimant was still distributing two plates at a
time and ascertained that Foreman Coleman had
instructed claimant to speed up the process,
he spoke to claimant and asked him why he was
not following instructions. According to Mr.
Creech, claimant "started off with a violent
temper," became argumentative, pointed his fingers
at Mr. Creech's face, and said "he was not going to --
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carry more than two 115-lb. rail tie plates."
Mr. Creech's testimony is that he then took
claimant out of service for insubordination and
that claimant did not say anything in response "but
you could tell that he was very mad with his
temper."
Foreman Coleman corroborated Mr. Creech's testimony
in essential particulars, pointing out that Mr.
Creech instructed claimant three times to carry
more than two plates before removing him from
service. Mr. Creech also testified that claimant
raised his voice during the discussion, but did not
make any threatening remarks or do
violent than shake his finger at
claimant was clearly wrong in this
guilty of serious misconduct. His
anything more
Mr. Creech's face.
situation and
duty was to
comply promptly with Mr. Creech's orders without
discussion. There is no indication that the
instructions subjected him to any physical hazard.
Ordinarily, we would not interfere with Carrier's
decision to dismiss claimant, although general
conclusions in Mr. Creech's testimony as to
"violent temper" are not helpful in the absence of
detailed facts. It is enough that claimant refused
to comply with Mr. Creech's direct order.
In our view, however, claiamant should be given
another chance to demonstrate that he can be
an effective and cooperative worker. He has performed over 13 years work for Carrier and that
service is entitled to consideration even though
his record shows that he was out of service one
additional year due to a dismissal on August 29,
1980 for "vicious or uncivil conduct." Carrier
restored claimant to service on October 14, 1981
after that 1980 dismissal.
Claimant should make certain that he complies
immediately with orders and not waste supervisors'
time with objections and debate. It is his
obligation to get along with and respect supervisory personnel and any further failures on his
part to'do so will constitute grounds for termination of employment.
AWARD: Claimant reinstated with seniority unimpaired, but
without back pay. To be effective within 30 days.
Adopted at Jacksonville, Florida, (h :1-1-V ~-· 1
7
, 1987.
Harold M. Weston, Chair aft
t-1 'L~ ~l
Carrier Member Employee Member
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