SPECIAL ADJUSTMENT BOARD NO. 947
Claimant - John Villalobos
Award No. 54
Case No. 54
PARTIES Brotherhood of Maintenance of Way Employes
TO and
DISPUTE Southern Pacific Transportation Company (Western
Lines)
STATFN;;NT That the Carrier's decision to place a letter
OF CLAIM. of reprimand on Claimant's personal record was
excessive, unduly harsh and in abuse of
discretion, and in violation of the terms and
provisions of the current Collective
Bargaining Agreement.
That because of the Carrier's failure to
sustain and support the charges by
introduction of substantial bona fide
evidence, that the Carrier now be required to
expunge letter of reprimand from Claimant's
personal record, and that the charges be
removed from his record.
FINDINGS
Upon reviewing the record, as submitted, I find that the Parties
herein are Carrier and Employes within the meaning of the
Railway Labor Act, as amended, and that this Special Board of
Adjustment is duly constituted and has jurisdiction of the
Parties and the subject matter; with this arbitrator being sole
signatory.
The Claimant was first employed on April 1, 1986 and
entered the service of the Western Seniority District of the
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Sacramento Division, Southern Pacific Transportation Company in
the Track Sub-department. At some point during the Spring of
1987, he bid and was awarded a position on the Crossing and
Switch Gang 5 with normal working hours of 6:00 am. to 2:00
p.m.. He only worked for one day in that assignment before he
was sent to help on the tie gang. The work day for the tie gang
began at 5:00 a.m. and ended accordingly. On May 1, 1987, the
Claimant was issued a Letter of Reprimand for arriving at his
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assignment late. The Organizaton filed an appeal on behalf of
the Claimant contending the Letter of Reprimand was
unjustifiable and arguing that the Claimant had reported to work
before 6:00 a.m., which was his assigned starting time as a
member of the Crossing and Switch Gang 5.
The Division Engineer, J. J. Deis, stated in his response
to the appeal that the Claimant had been warned several times
about arriving late (after 5:00 a.m.) at his assigned job with
the tie gang. While the record of the Employe only indicates
one such warning issued on April 29, 1987, the Division
Engineer's claim of several warnings was undisputed. Anytime an
employe is given a direct order or warning relative to his
behavior, he is obligated to respond positively unless the
direction would place him in danger. The failure of an employe
to comply simply because he believes his actions are correct and
management's are wrong, is unacceptable. Self-help remedies
will not excuse an employe's failure to follow the directions of
management. This case is no exception. The Claimant had access
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to the Agreement and had access to the Organization. If he felt
he was being asked to do something which was a violation of the
Agreement, he should have obeyed the directive and filed a
grievance. Because he did not do that the Letter of Reprimand
is appropriate.
Besides, the Employe was working with the tie gang whose
starting time was 5:00 a.m., he knew this, employes should
expect to arrive at work whenever the shift for
his/her
particular job starts.
AWARD
The Claim is denied.
wr
Carol J. a ~rini, Neutral
v'
Submitted:
February 2, 1988
Denver, Colorado
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