AWARDS 106 - EMPLOYEE REFUSED TO WORK ON RELIGIOUS SABBATH - DISMISSED - DENIED

Third Division Award No. 29076 (Wesman)

"It is clear from the on-property record that Claimant understood the Roadmaster's instructions regarding the weekend work, but advised him that he would not work on Saturday because that was his religious Sabbath. The Claimant was subsequently dismissed from service for insubordination on November 3, 1989, but was restored to service by the Carrier on December 11, 1989.

"The dispute in this case arose because Claimant, an avowed Seventh Day Adventist, refused to work on Saturday, September 23, 1989, on the basis of his religious beliefs. In disputes of this nature the Board has made a practice of following the guidance of the U.S. Supreme Court's decision in TransWorld Airlines, Inc. v. Hardison. 432 U.S. 63 (1977); Second Division Awards 8226, 8660, 10201, 10291, 10401, 10613, 10927, 11510; Third Division Award 22370. On the record before us, there is no dispute that the Carrier had accommodated Claimant's desire to be absent on his Sabbath in the past, but that in this particular case, his services were needed, and no accommodation was reasonably possible. All available and qualified employees were already being used to effect repairs.

"Claimant's action materially hampered Carrier's ongoing effort to correct a serious track problem. Accordingly we see no reason to disturb Carrier's assessment of discipline"