PUBLIC LAW BOARD NO. 6341
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES )
Case No.
3
and )
Award No. 4
DULUTH, MISSABE AND IRON RANGE RAILROAD COMPANY )
Martin H. Malin, Chairman & Neutral Member
D. D. Bartholomay, Employee Member
M. S. Anderson, Carrier Member
Hearing Date: November 16,
2000
STATEMENT OF CLAIM:
1. The five (5) day suspension assessed Track Laborer C. A. Follmer for her alleged
failure to follow instructions in a July
26
and
27, 1999
incident was without just
and sufficient cause.
2.
Track Laborer C. A. Follmer shall now be compensated for the wage loss suffered
because of the five (5) daysuspension.
FINDINGS:
Public Law Board No.
6341,
upon the whole record and all the evidence, finds and holds
that Employee and Carrier are employee and carrier within the meaning of the Railway Labor
Act, as amended; and, that the Board has jurisdiction over the dispute herein; and, that the parties
to the dispute were given due notice of the hearing thereon and did participate therein.
On August
9, 1999,
Carrier notified Claimant to report for an investigation on August
20,
1999,
concerning her alleged violation of Rules 1,
3, 12,
and
13,
of the General Rules of
Conduct, for allegedly failing to follow her foreman's instructions on July
26-27, 1999.
The
hearing was held as scheduled. On September 1,
1999,
Carrier advised Claimant that she had
been found guilty of the charge and had been assessed a five day suspension.
The basic facts are not in dispute. Claimant's headquarters was Proctor, Minnesota. On
July
26, 1999,
Claimant's acting foreman instructed her to report the following morning at
7:00
a.m. to Two Harbors. Claimant reported instead to Proctor. Subsequently she was called to the
office of the Engineer Track and asked why she had not reported to Two Harbors. At that time,
Claimant voiced concern over whether she would be paid time and mileage for traveling to Two
F,L8
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190d q
Harbors. When assured that she would be, Claimant advised that she would report to Two
Harbors. Subsequently, she asserted her right under the Agreement to not use her personal
vehicle to go to Two Harbors and asked Carrier to provide transportation, something Carrier
ultimately did.
The Organization contends that the acting foreman's instructions to Claimant were
incomplete because he failed to advise her that she would be paid time and mileage and failed to
tell her that if she did not want to use her personal vehicle, Carrier would provide transportation.
The Organization also attacks the directive to report to Two Harbors on the grounds that it was
given after the end of Claimant's regular shift, although she was still on duty at the time, working
overtime; and that there were employees junior to Claimant at Proctor who should have been
assigned to Two Harbors ahead of her.
We do not find the Organization's arguments persuasive. If Claimant was concerned
about transportation to Two Harbors, she should have asked supervision at the time of the
directive, or, in any event, prior to the following morning. Claimant admitted that she made no
effort to contact supervision. She simply failed to report to Two Harbors. Such conduct
warrants disciplinary action.
Similarly, if Claimant believed that the directive to report to Two Harbors violated the
Agreement, her remedy was to file a claim. This is a classic case to which the maxim, "Obey
now, grieve later," applies. Claimant may not engage in self help, i.e. fail to comply with the
directive, and escape disciplinary action. Accordingly, we conclude that the claim must be
denied.
AWARD
Claim denied.
Martin H. Malin, Chairman
~Cw ~
M. S. Anderson D. artholomay
Carrier Member Empl a Member
Dated at Chicago, Illinois, January 16, 2001