AWARD N0.119
CASE NO. 190
SPECIAL BOARD OF ADJUSTM17NT NO. 280
PARTIES) Brotherhood of Maintenance of Way Employees
TO ) and
DISPUTE) St. Louis Southwestern Railway Company
STATEMENT OF CLAIM:
Appeal of the dismissal of Extra Gang Laborer Robert L. Cozine
on May 31, 1973.
FINDINGS:
On May 31, 1973 Claimant, when advised that his gang would^have
to work overtime, refused to work beyond his scheduled assignment -
which was .4:00 p.m. The gang was notified at about 3:20 p.m. that
they would have to work overtime. Claimant said he could not because
he had made arrangements to pick his family up at Greenville after
work, and there was insufficient time to notify them that he would be
late. As a result, Claimant was dismissed from Carrier's servicefor insubordination.
A review of the record, including the hearing transcript, compels the conclusion that Claimant was guilty of insubordination.
However, the facts and circumstances do not warrant a dismissal from
Carrier's service. Accordingly, Claimant shall be reinstated to Carrier's service with seniority unimpaired but without pay for time lost
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· AWARD
Claim disposed of per findings herein
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· Neutr l Member
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Carrier Mem r Organization Member
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Date:,&',
. ~~77.