Form 1 NAT10 NAL RAILROAD ADJUSTMENT BOA1M Award No. 9444
 SECOND DIVISION Docket No. 9087
 2-MP-CM-'83
 The Second Division consisted of the regular members and in
 addition Referee John B, LaRocco when award was rendered.
 ( Brotherhood Railway Carmen of the United States
 Parties to Dispute: ( and Canada


Dispute: Claim of Employes:




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, 193.

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

After an investigation held on August 8 and 17, 1979, the Carrier suspended Claimant from service for ninety days. By notice dated July 29, 1979, Claimant was charged with failure to obey his supervisor's instructions on July 28, 1979·

 At the investigation, the Diesel Supervisor testified that he ordered Claimant to place blue flags at the north end of Tracks Two and Three in the Harlingen, Texas train yard. A short time later, Claimant asked the Supervisor to provide him with transportation up to the north end. The Supervisor denied Claimant's request and told him that he had ample time to place the flags and to then perform his dudes in the shop. According to the Supervisor, Claimant became angry and adamantly refused to set the flags. Immediately after the confrontation between Claimant and his supervisor, the Supervisor and the Ter-zinal Manager verified that Claimant had not placed the blue flags at the north end of the two tracks.

 The Organization contends that Claimant had two reasonable justifications for refusing to comply with his supervisor's orders. The Organization submits that the Supervisor instigated the entire problem simply because he denied Claimant a ride to the north end (especially when the temperature in South Texas was over 100 degrees). Second, the Organization asserts the order was patently unreasonable
 Form 1 Award No. 9444
 Page 2 Docket No. 9087
 2-MP-CM-183

 since Claimant was the only on duty carman performing work at that time. Blue flags were, therefore unnecessary. Lastly, the Organization alternatively argues that even if Claimant committed the char ged offense, the penalty was excessive in view of his twenty-eight years of fine service.

 The Carrier claims the record contains substantial evidence demonstrating that Claimant disobeyed the direct orders issued by the Diesel Supervisor. According to the Carrier, the Supervisor gave Claimant more than enough time to perform the assigned. task. Finally, the Carrier argues that a ninety day suspension is lenient when compared with the seriousness of Claimant's offense.

 We find substantial evidence in the record that Claimant absolutely refused to follow his supervisor's orders. The Diesel Supervisor expressly told Claimant that he could take as much time as he needed to place the flags. If Claimant believed he was entitled to be transported to the yard's north end, he should have first complied with the Supervisor's instruction and then implemented the contract grievance procedure to redress any unreasonableness on the Carrier's part.

 The blue flag protection rules are designed to safeguard the health and welfare of all shop employes (including Claimant). He should be aware, based on his many years of service, that he must strictly adhere to all safety rules even when following the safety rules causes him same inconvenience.

 This Board concludes that the discipline has served its purpose and that due to Claimant's length of service, the penalty was excessive. We will, therefore, reduce the suspension by thirty days. Claimant should be compensated for the thirty days at the rate in effect when he served the suspension.




                            By Order of Second Division


Attest: Acting Executive Secretary
        National Railroad Adjustment Board


      o marie Brasch - Administrative Assistant


Dated at Chicago, Illinois, this 13th day of April, 1983.

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