Form 1 NATICNAL RAILROAD ADJUSTMENT BOARD Award No. 8415
 SECOND DIVISION Docket No. 833.2
 2-WT-CM-'80
 The Second Division consisted of the regular members and in
 addition Referee Higdon C. Roberts, Jr. when award was rendered.

Parties to Dispute:(Carmen)

                  Washington Terminal Company


Dispute: Claim of Employes:
        1. That under the current agreement, Car Cleaner J. A. Moore was unjustly dealt with when he was taken out of service June 28, 1978, and. as a result of an investigation was given a suspension of twenty calendar days which was unjust, unfair, and capricious and in violation of rule 29 of the controlling agreement.


        2. That the Washington Terminal Company be ordered to reimburse Mr. Moore for his net wage loss, and his record be cleared, due to this unjust treatment by Carrier.


Findings:
The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

 The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 1934.

 This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

    Parties to said dispute waived right of appearance at hearing thereon.


The record reveals that the claimant (M1^. Moore) was standing, talking with two other employees in a car other than the one he was assigned to clean. When told by his supervisor (Ms. Williams) to return to his assigned duty station, he did not move. When Ms. Williams and Assistant Foreman Best returned to the car, some 10 minutes later, the claimant had still not left, and did not do so even when told by M1c. Best. Mr. Moore was guilty of both loitering and insubordination (Rule N)4 He was not, however, nasty, nor in any strong overt manner insubordinate.

 The manner of the insubordination, and the fairly brief loitering time.,' combined with the rather casual way Ms. Williams originally ordered him to his car, deserve consideration. In view of this, and the claimant's past record, we order the suspension reduced to 10 days
 Form 1
 Page 2

 Attest: Executive Secretary
 National Railroad Adjustment Board

 Award No. 8415
 Docket No. 8312
 2-WT-CM-180

 AWARD

 Claim sustained to the extent indicated in the Findings.

NATICHAL RAILROAD ADJZJSTME'NT BOARD

By Order of Second Division


BY
      ose rie Brasch - Administrative Assistant


Dated a Chicago, Illinois, this 23rd day of July, 1980.