Public Law Board No. 3794
PARTIES Brotherhood of Maintenance of Way Employees
TO
DISPUTE: and
Seaboard System Railroad
STATEMENT The dismissal of Trackman R. R. Screven for
OF
CLAIM: alleged insubordination ,and incompetency was with
out just and sufficient- cause, on the basis of
unproven charges and arbitrary.
FINDINGS: While working as a trackman on T&S Force 5365,
Claimant was assigned to install rail anchors, hard
en spikes and pick up scrap. After several hours of
work, he stopped working and was observed sitting on
the head of a crosstie; the remainder of the Force
continued to attend to their work.
According to Assistant Roadmaster Guthrie's testimo-
ny, he then checked the area of claimant's responsibility and found
anchors improperly positioned, one or two anchors completely left off
and scrap lying in the middle of the track. The record indicates
that claimant had previously been instructed on several occasions as
to his responsibility in the proper performance of his work and the
manner in which it should be performed.
379- y
Mr. Guthrie testified that when he found claimant
sitting on the crosstie-, claimant stated that he had "caught
up"
on
his work. His subsequent explanation that he had taken medication
because of a considerable amount of dental work several days earlier
was not considered persuasive by Carrier.
The proper performance of track work is essential to
safety and we are satisfied that Carrier's finding that discipline is
warranted in this situation should be upheld. In determining the
amount of discipline to be imposed, Carrier took claimant's discipline record into account; it includes a lengthy suspension without
pay for failure to follow orders (actually he was dismissed but later
reinstated without pay by Third Division Award 23472).
No sound basis is perceived for substituting our
judgment for that of Carrier in these circumstances.'
AWARD: Claim denied.
Adopted at Jacksonville, Florida, 3
o~ 1985.
L
Ha M. Westo C airman
2zJV,
rrie member Employee MemT%e