Form 1
Parties to Dispute:
Dispute: Claim of
NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 8416
 SECOND DIVISION Docket No. 8313
 2-WT-CM-'80

 The Second Division consisted of the regular members and in addition Referee Higdon C. Rob erts, Jr. when award was rendered.

 System Federation No. 106, Railway Employest
 Department, A. F. cf L. - C. I. 0.
 (Carmen)

 Washington Terminal Company

 1. That under the current agreement Car Cleaner E. B. Ferguson 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 forty five calendar
 days which was unjust, unfair, and capricious and in violation of
 rule 29 of the controlling agreement.

 That the Washington Terminal Company b e ordered to reimburse Mx. Ferguson for his net wage loss, and his record be cleared, due to this unjust treatment by Carrier.

 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.

Here the record show that the claimant (Mr. Ferguson) was standing talking to two other employees in a car other than the one he was assigned to clean. When told by his supervisor (Ms. Wi7liams) 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 Mr. Best. Mr. Ferguson was guilty of both loitering and insubordination (Rule N). He was not, however, nasty, or in any strong, overt manner, insubordinate.

 The manner of the insubordination, and the fairly brief loitering time, combined with the rather casual way that Ms. Williams had originally ordered him to his car, deserve consideration. The penalty is excessive, and we order suspension reduced to 35 days.
 Form l Award No. 841.6
 Page 2 Docket No. 8313
 2-WT-CM-180




                            By Order of Second Division


Attest: Executive Secretary
 National Railroad Adjustment Board

 By
      os rie Brasch - Administrative Assistant


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