ATCIIISON, TOPEKA AND SANTA FE RAILWAY CO.
AND
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
FINDINGS: This Public Law Board No: 4244 (the "Board") finds that the parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended. Further, the Board has jurisdiction over the parties and the subject matter involved.
The record shows that Eastern Region Machine Operator K. L. Lawrie (the "Claimant") was notified to attend a formal investigation on December 29, 1994, concerning his alleged failure to follow Assistant Foreman's instructions to participate in job briefing at approximately 1:50 p.m., December 1, 1994, while working as a machine operator on tie gang west of Lebo, in possible violation of Rules 1.6, 1.13, and 50.15.2 of the Carrier's Safety and General Rules for All
Employees. As a result of the investigation the Carrier deternuned that the Claimant violated the cited rules and he was issued a Level 2 deferred suspension of five days.
In summary, on December 1, 1994, the Claimant was working as a Machine Operator on a tie gang on the Emporia Subdivision. Assistant Foreman D. L. Fischer testified that several job briefing were scheduled that day to assist the crew with improving production. The Claimant was instructed to participate in a job briefing at 1:50 p.m. Fischer further testified that when he tried to begin the briefing with the Claimant, the Claimant, in a loud tone of voice, started a onesided conversation concerning matters unrelated to the work and then walked away from Fischer. Fischer made two attempts to conduct a job briefing with the Claimant, but he was unsuccessful each time. Machine Operator O. Johnson, Jr. corroborated Fischer's testimony.
The Claimant tested that Fscher gave him a job briefing, but he didn't understand it. Although Fischer acknowledged to him that he was doing a good job, the Claimant alleged that Fischer also told him he was not doing a good job. Further, he listened to what Fischer had to say and then asked him whether he was finished before he left. He declared that he walked away from Fischer at the conclusion of the job briefing, and Fischer kept harassing him about the briefing.
The Board has reviewed the record, and it is the Board's decision that the Claimant failed to follow his supervisor's instructions to participate in a job briefing on December 1, 1994. The Board has also reviewed the Claimant past record and the Carrier's Correction Action/Discipline Guidelines. Thus, it is the Board's opinion that the Level 2 deferred suspension is appropriate under the circumstances of this case.
Last, although the Board finds that the Claimant -received a fair and impartial investigation, the Board advises the Carrier to have its witnesses enter testimony into the record through direct examination and not by reading prepared statement.