,,
AWARD NO. 230
CASE NO. 317
SPECIAL BOARD
OF
ADJUSTMENT NO.
280
PARTIES ) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
TO )
DISPUTE ) ST. LOUIS SOUTHWESTERN RAILWAY COMPANY
STATEMENT
OF
CLAIM
1. Carrier violated the effective Agreement when Welder Helper W. C.
Dancer, Jr. was unjustly dismissed from service.
2. Claimant Dancer shall now be paid for all time lost, beginning July
8, 1987, and on a continuing basis with seniority, vacation, and all
other benefits restored to him and with charge letter of July 8, 1987,
removed from his personal record. (MW-87-46-CB).
OPINION OF BOARD
As a result of charges dated July 8, 1987, investigation held on July 23, 1987 and
by letter dated July 28, 1987, Claimant, a Welder Helper employed by the Carrier since
May 1984, was dismissed from service for insubordinate conduct in violation of Rule 607.
On July 7, 1987 Claimant injured his ankle while handling tie plates. Shortly
before 4:00 p.m., Division Engineer M. R. Baker instructed Claimant to report to an
emergency room for examination and testing. Claimant admittedly refused to do so on
grounds that he had been working from 7:45 a.m. until 3:45 p.m. and "I felt that the injury
was not severe enough to require medical attention." Claimant told Baker that if on the
following morning the injury was not better he would seek medical attention at that time.
Upon Claimant's refusal to comply with Baker's instructions, Claimant was removed from
service pending investigation.
Substantial evidence exists to support the Carrier's determination that Claimant
violated Rule 607 which prohibits insubordinate conduct when Claimant refused to follow
Division Engineer Baker's instruction to report to the medical facility. However, under the
circumstances, we find imposition of dismissal to be excessive. In making that
SBA 280, Award 230
W. C. Dancer, Jr.
Page 2
determination and taldng into account the particular circumstances of this case, we note that
there is no indication that Claimant's record demonstrates that he has been a disciplinary
problem. Therefore, Claimant shall be returned to service with seniority unimpaired but
without compensation for time lost. Return to service shall be subject to Claimant passing
a return to service physical examination.
AWARD
Claim sustained in part. Claimant shall be returned to service with seniority
unimpaired. Return to service shall b-withoW cctmper_satc-^ For rync lost=and-a2?
tx __ ~..
~_.
subject to Claimant passing a return oservice physical examination.
N·
Edwin H. Benn, Chairman
and Neutral Member
R. Q. y . aninions,7r.
Carrier Me er Organization Member
Houston, Texas
January 31, 1990