(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:


STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood

(1) The suspension of Track Laborer L. S. Allen, Sr. for thirty (30) calendar days for alleged insubordination on June 28, 1971 was without just and sufficient cause and on the basis of unproven charges (System File La-107-
(2) The charge be stricken from the claimant's record and payment be allowed to Mr. Allen for the assigned working hours lost in conformance with Rule 25(1).

 OPINION OF BOARD: This is an appeal from Carrier's suspension of
 Claimant, a Trackman, for a period of thirty (30) calendar days. The suspension (which included days held out of service pending investigation) was is guilt on the charge of insubordinate conduct towards a Track Supervisor on June 28, 1971. The Petiti voided and that Claimant be reimbursed for lost earnings in accordance with Rule 25 (i).

 The hearing record shows that, on the date in question, the Claimant, the Track Supervisor, and others were engaged in relocating and removing track. During to lift a rail on signal and the Track Supervisor gave him a verbal instruction to lift. A verbal exchange between the Track Supervisor and the Claimant resulted. Three Carrier witnesses, the Track Supervisor, the Foreman, and a Laborer comply with the Track Supervisor's instructions. The Claimant and four other Laborers testified that a signal bond wire, which had not been cut as required in order to lift a rail, was holding the end of the rail and, in consequence, the instruction to lift could not be carried out.

 The foregoing, and other evidence in the hearing record, provides sufficient evidence to support a finding of guilt. However, the record before us also shows that Claimant had thirteen (13) years of service with the Carrier and, but for the instant discipline, he


has a clear service record. Accordingly, in the context of the entire record, we believe that the penalty of thirty (30) calendar days' suspension was unreasonable and excessive. We shall therefore reduce the discipline to fifteen in light of all the circumstances. Consequently, we shall not disturb the first fifteen (15) calendar days of the suspension but we shall award that Claimant be paid for earnings lost during the remaining part of the suspension in accordance with Rule 25(1).



That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railwa: Labor Act, as approved June
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; an




Claim sustained to the extent that Claimant shall be reimbursed by Carrier for earnings lost dur calendar days of the suspension.
                        By Order of Third Division


ATTEST:__t/ZoC1/'A,
 Executive Secretary

 Dated at Chicago, Illinois, this 15th day of March 1974.