Parties
to the
Dispute
SPECIAL BOARD OF ADJUSTMENT N0. 936
Brotherhood of Maintenance of Way Employes
VS.
Norfolk and Western Railway Company
(Lake Region)
STATEMENT OF CLAIM
(1) The dismissal of Assistant Foreman A. Eiartinez
for alleged insubordination in that you became loud,
boisterous, belli.-erent and used profane language toward Division Engineer Britt and reckless operation of
your personal vehicle without clue regard for the safety
of persons or property on February 27, 1981 was without just and sufficient cause, on the basis of unproven
charges and arbitrary. (File Mo. 1·141-BVE-76-18].
(2) Assistant Foreman :1. Murtinez shall be reinstated
with seniority and all other rights unimpaired and
compensated for all wage loss suffered.
OPIUM! OF THE BOARD
Claimant A. ;iartinez is an Assistant Foreman who was returning
to work from a sick 1euve. ::e became embroiled in a shouting session
with people in the Division En_incer's office. Claimant also struck
a telephone pole with his car as tic, !tAt Carrier's property. Claimant
was charged with insubordination end operating his vehicle in an
unsafe manner while on Company propcrLy. A hearing into the matter
Case No. 10
Award No. 10
r, ~4-
Case No. 10
Award No. 10
S(3 /~ 9 3
(o
was held on March 27, 1Q31. Claimant' was found guilty as charged
and dismissed from Carrier's service.
This board has reviawad the transcript of the hearing together
with the other material presented Ln this case and must conclude
that Claimant was afforded a fair hearing and is guilty as charged.
ThL. Board, however, does not view Claimant's behavior as insubordi-
nation in the classical sense.
(ele
did not refuse an order of a,
Supervisor to perform cerlan work, as is the Situation in Cases
'do. 8 and 7 of Lhis Board.) As a result, we rlo not think that dis
missal Crocn service is the -nproprinto penalty. Tt is this Board's
ooinioti that Claimant should be returnod to service on a last-chance
basis and instructed that he must control. his e:aoLions in the future
or suffer perLianent dismissal from Carrier':; service.
AWARD
Claimant shall be reinstated to his former position
with seniority intact but with no back pay for lost
time or benefits. Carrier shall implement this award
within 30 days o,' the date it is signed by this Board.
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Lyons, Car
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Nemuec li. G. :iarper, I:mpl ye ilember
v MAY 10 Wf