Parties
to the
Dispute
PUBLIC LAW BOARD NO. 5396
BROTHERHOOD OF MAINTENANCE
OF WAY EMPLOYES
and
SOUTHERN PACIFIC TRANSPORTATION
COMPANY
(Western Lines)
STATEMENT OF CLAI1
1. That the Carrier violated the current
Agreement when it dismissed LaborerOperator M.A. Sargent. Said action
being excessive, unduly harsh and in
abuse of discretion.
2. That the Carrier now reinstate Claimant
to his former Carrier position with
seniority and all other rights restored
unimpaired, with pay for all loss suffered, and his record cleared of all
charges.
FINDINGS
Following a-hearing held on January 30 and February 5,
1991, Claimant, who was assigned as a Track Laborer, was
terminated from service. He had been called to the hearing
in connection with his
alleged insubordination
and failure
PLB Case No. 8
NMB Case No. 8
2
639 t,-
to cooperate upon being questioned about driving erratically
and unsafely on Company property on January 23, 1993.
This Board has reviewed the entire record of the case,
including the transcript of the investigation. From this
record, it is evident that Carrier produced pufficient
probative evidence at the hearing to sustain the charge
against Claimant. He apparently was driving at a high
speed, narrowly missing two coworkers. When questioned
about the incidents, Claimant refused to respond. He
continued to do so when told that his failure to cooperate
would be viewed as insubordination.
Claimant did violate Rules 607 and 621 by being
careless in the safety of others and insubordinate, as well
as failing to provide the information requested. His past
record during his short tenure with Carrier includes
violations of these rules on three occasions and three
instances of counselling. Despite this less than laudatory
work history, this Board does not believe that his final
separation from service is warranted. His time held out of
service should be sufficient to place him on notice that he
must cooperate under circumstances such as this and be.
responsive to the bona fide orders of Management.
AWARD
Claim sustained in part and
denied in part. Claimant is
to be returned to service
with seniority and all other
rights in tact, but with no
back pay.
G L!
C.H. Gold, Neu achairman
C.F. Foose, Employe Member
Date of Approval
crier Member