Special Board of Adjustment No. 956
PARTIES TO DISPUTE:
Brotherhood of Maintenance of Way Employees
and
New Jersey Transit Rail operations, Inc.
STATEMENT OF CLAIM:
Appeal on behalf of Trackman R. Hagens from his dismissal.
FINDINGS:
On August 5, 1987, claimant refused to comply with Foreman
Calo·s instructions to place ties. He was taken before Track
Supervisor Robinson who reminded him of his obligations to comply
with any instructions given by a supervisor.
While claimant and Foreman Calo were proceeding back to the
work site, claimant threatened Calo with physical harm. After
they had reached the work place, claimant threw a hard hat at
Calo, striking him in the chest with it.
We are satisfied that the instructions in question were
issued by competent authority in the course of a work assignment
and were unambiguous. A foreman at work is not required to put up
with such insubordinate and uncalled for conduct. The claim will
be denied.
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G5-co- 3-7
The fact that the hearing in this matter was held in
claimant's absence does not call for a contrary result. Claimant
was duly notified of the time and place of hearing. An employee
will not be permitted to frustrate the hearing process and avoid
discipline by failing to appear for hearing.
AWARD: Claim denied.
Adopte at Newark, New Jersey, 0?3 , 1988.
Harold M. Weston, Chairman
er Memb r Employee Member
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