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                      Special Board of Adjustment No. 956


          PARTIES Brotherhood of Maintenance of Way Employees

          _TO

          DISPUTE: and

          New Jersey Transit Rail Operations, Inc.

          STATEMENT Appeal by Trackman Otis J. Morgan from 15 day

          OF

          CLAIM: suspension.

          FINDINGS: While claimant was working with his gang under the

          direction of Foreman Remillard, he was instructed

          by Remillard to pick up spikes in the place of an

          employee who had just gotten dust in his eye.

          Claimant was busy at the time picking up plates and

          rolling the rail. According to the Foreman,

          claimant used abusive language and said that he was

          not going to do all these jobs. He did not perform

          the work of picking up spikes but instead -

          complained to Track Supervisor Kinsey, his

          foreman's superior. Kinsey then directed him to

          perform the work in question and, according to

          claimant's testimony, that is when the argument

          started,

          "Our voices were up loud and in front of the

          whole gang, Mr. Kinsey was hollering at me

                        ...and made me feel less than what you are

                        supposed to be."


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              Claimant never did comply with the instructions. He testified that he wanted to speak with higher supervisor B. Vaugh.


              There is no basis to this claim and we are unimpressed by Petitioner's arguments to the contrary. Claimant should make no mistake about it. It is his responsibility to comply with his foreman's orders promptly and Carrier need not tolerate arguments and tantrums by employees that disturb the work atmosphere and delay the job. Repetition of such conduct is a ground for much heavier discipline.


              if he has a complaint, his proper course is to refer it to his Local Chairman for processing through the grievance procedures.

AWARD: Claim denied.
 Adopte t Newark, .J.g /9 , 1987.

              Harol - M. Weston, Chairman


                                aid. ~. LCarrier MemberEmployee Member


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