SPECIAL ADJUSTMENT BOARD NO. 947
Claimant - Tyrone Robertson
Award No. 63
Case No. 63
PARTIES Brotherhood of Maintenance of'Way Employes
TO and
DISPUTE
Southern Pacific Transportation Company (Western
Lines)
STATEMENT
That the Carrier's decision to suspend
OF CLAIM Claimant from its service for a period of
fifteen (15) days was excesslve, 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 prove
and support the charges by introduction of
substantial bona fide evidence, that Carrier
now be required to compensate Claimant for any
and all loss of earnings suffered, 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.
On Friday, June 26, 1987, a formal hearing was held to
determine whether or not the Claimant had violated Rules 607 and
604 of the General Rules and Regulations for the Government of
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Maintenance of Way and Engineering Department Employes of the
Southern Pacific Transportation Company. Those portion of the
rules which read:
Rule 607:
CONDUCT: Employes must not be:
(30 Insubordinate; . . .
. .Indifference to duty or to the
performance of duty will not be condoned.
Rule 604: DUTY-REPORTING OR ABSENCE:
Employes must report for duty at the
designated time and place . . . .They must
not absent themselves from duty, exchange
duties, or substitute others in their place
without proper authority.
The charges against the Employe stem from his actions on Friday,
June 5, 1987 and on Saturday, June 6, 1987. The Claimant was
scheduled to work from 7:00 a.m. until 3:30 p.m. on June 6.
Around 3:00 p.m. his immediate supervisor directed him to report
to another supervisor who needed additional help. He followed
orders and reported to the second supervisor. When he arrived,
he was told he would have to work overtime until 6:00 p.m.. He
was further advised he would have to work mandatory overtime the
following day, which was Saturday.
The Claimant indicated to the supervisor he did not want to
work overtime and left. He got into his dump truck even before
his quitting time and returned to the tool shed. From there he
left work. The Claimant did not report to work on Saturday.
After the formal investigation, the Carrier determined the
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Employe was guilty of the charges and he was suspended for
fifteen (15) days.
The Claimant argues his position required that he work
Monday through Friday with Saturday and Sunday as rest days.
However, absent a specific provision in the Agreement, the
Carrier retains the prerogative to direct it works force. That
includes the right to assign overtime work. This is especially
true when the additional work is necessary to maintain the
efficient operation of the company. In this case, even if there
were a provision in the Agreement which disallowed mandatory
overtime, the Claimant was given a direct order not only to work
overtime on.Friday, June 5, but, to report to work on June 6.
He did neither. His failure to follow a direct order
constitutes insubordination. It is even more telling that the
Claimant never proffered an excuse for his decision not to work
the overtime as directed. As this Board has ruled in the past,
if an employe believes a direct order is in violation of the
Agreement, he is still obligated to comply with the order,
unless it is illegal, unsafe, or totally unreasonable. The
employe can then file a claim that the Carrier acted in
violation of the Agreement.
Insubordination is most often considered a cause for
discharge. This is especially true where, as here, we have an
employe who does not have a lengthy tenure. In view of these
two facts, the Board believes the fifteen (15) day suspension
was reasonable.
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AWARD
The claim is denied.
Carol ~e 'ni, Neutral
Submitted:
May 27, 1988
Denver, Colorado