BEFORE SPECIAL BOARD OF ADJUSTMENT NO. 986
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
and
NATIONAL RAILROAD PASSENGER CORPORATION (AMTRAK) - NORTHEAST
CORRIDOR
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood that:
1. The 30-calendar day suspension (later reduced
to a 15-calendar day suspension to be held in
abeyance for a period of one year) of Maintenance
of Way Equipment operator Val Phillips for alleged
failure to comply with an instruction to come to
the office and acknowledge receipt of a reduction
in position letter was harsh, arbitrary,
capricious, without just cause, and in violation of
the Agreement.
2. The Claimant should be exonerated of the
charge, compensated for total compensation loss due
to the discipline, and the discipline expunged from
the Claimant's record.
FINDINGS:
Claimant Val Phillips was employed by the Carrier as an
equipment operator in Maryland.
On September 13, 1989, the Carrier notified the Claimant to
appear for a formal investigation in connection with the
following charges:
Charges: Alleged violation of the National
Railroad Passenger Corporation (Amtrak) Rules of
Conduct, (NRPC 2525), dated (9/85), Rule L . . .
Specification: On Tuesday, September 12, 1989, at
approximately 1:00 p.m., in Middle River, Maryland,
at M.P. 84.0, you were instructed by Project
Engineer Mitchell W. Moore to come into the office
at the end of the day to sign for a reduction in
position letter. At that time, you refused to come
in and said, "I'm not going to work as a trackman.
Take me in." Upon arrival at the Undercutter Camp
Facility in Perryville, Md. at approximately 2:30
p.m., you were again instructed to come into the
office wherein you refused to do so.
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After two postponements, the hearing took place on November
22, 1989. On December 5, 1989, the Carrier notified the Claimant
that he had been found guilty of the charges and was being
assessed discipline of a 30-calendar day suspension to run
concurrently with discipline assessed on File No. 89-412 dated
December 5, 1989.
The Claimant thereafter appealed his discipline; and on
March 7, 1990, the Carrier offered to reduce the discipline of a
30-calendar day suspension to a 15-day calendar day suspension to
be held in abeyance for a period of one year, beginning September
12, 1989, and ending on September 12, 1990, with the
understanding that if the Claimant became involved in a similar
incident and was found guilty of another Rule L violation within
the time frame specified, the 15-day suspension would have to be
served in addition to the discipline imposed.
On April 13, 1990, the organization filed a claim on the
Claimant's behalf challenging the discipline.
The Carrier contends that the discipline assessed the
Claimant was commensurate with the serious nature of the proven
offense with which the Claimant was charged. The Carrier
contends that there is sufficient evidence contained in the
record to support the discipline.
The parties being unable to resolve the issues, this matter
came before this Board.
This Board has reviewed the evidence and testimony in this
case and we find that although the Claimant did refuse to sign
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the form that he was instructed to sign, his action really did
not amount to insubordination. The employee was being
disciplined for his action as set forth in Case No. 137 of this
Board, and his alleged insubordinate behavior was merely a
continuation of that discipline. The Carrier seems to recognize
that because it issued him a concurrent suspension in this case.
There is no question that the Claimant was upset because he
was being given an assignment he did not like. He told the
Carrier representative that he did not want to work as a trackman
but a thorough review of the record really does not indicate any
insubordination on the part of the Claimant.
The Claimant, who has been employed by the Carrier for ten
(10) years, has been sufficiently disciplined for his wrongdoing
in connection with this incident. The record reveals no basis
for any further discipline. Therefore, the claim will be
sustained.
AWARD
Claim sustained,:
PETER R. Y RS
Neutral ~er
Carrier Member orfiani zation Member
Dated:
l- IS-
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