(Brotherhood of Railway, Airline & Steamship Clerks, ( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE: (Southern Pacific Transportation Company ( (Pacific Lines)

(a) The Southern Pacific Transportation Company violated the Agreement when it suspended Mr. F. C. Johnson from service for thirty days following investigation; and,

 (b) The Southern Pacific Transportation Company shall now be required to allow Mr. F. C. Johnson one day's pay at the rate of Rate Clerk Position No. 179, $44.41 per day, plus insurance, hospitalization, seniority and all othe continuing until he is returned to service with all of the above emoluments.

 OPINION OF BOARD: Claimant was suspended for a period of 30 days for
 insubordination. At the investigation his own
 testimony, which as might be expected was corroborated by his supe
 riors, made it clear that he had been insubordinate in failing to
 carry out an assignment. While the Organization takes issue with the
 finding of insubordination the transcript clearly shows that Carrier's
 decision was based on substantial evidence and that no basis for over
 turning it exists.

 The Organization has raised a procedural point in its submission which was not raised on the propert handled in the usual manner on the property. In any event, the claim that Carrier did not render its decision as required by Rule 49 is not supported by the record.





That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes the Railway Labor Act, as approved June 21, 1934;

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; an
        That the Agreement was not violated.


                  A W A R D


        Claim denied.


                      NATIONAL RAILROAD ADJUSTMENT BOARD

                      By Order of Third Division

ATTEST: vii

        xecutive Secretary


Dated at Chicago, Illinois, this 12th day of March 1976.

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