NATIONAL RAILROAD ADJUSTMENT HOARD

Award Number 22490

THIRD DIVISION Docket Number Mil-22336

Joseph A. Sickles, Referee

(Brotherhood of Maintenance of Way Employee PARTIES TO DISPUTE:

Seaboard Coast Line Railroad Company

STATE CF CLAIM: "Claim of the System Committee of the Brotherhood that:

(1) The suspension of thirty (30) days imposed upon Trackman R. L. Gaston for alleged insubordination was capricious, arbitrary, unwarranted and an abuse of justice and discretion CSyxiem File 12-39 (76-33) J/C-4 (13)-RLG).

(2) The claimant's record be cleared of the charge placed against him and reimbursement be made for all wage loss suffered."

OPn1ION OF HOARD: The Claimant was notified to appear for an
investigation concerning an asserted insubordination.
Subsequent to the Investigation, he was assessed a thirty (30) day
suspension.

Regardless of the incident which set this matter into motion, the fact remains that the Claimant refused to accept a warning letter from a Carrier Official. While there is certain conflict as to the reasons which motivated the refusal, there is evidence which tends to show that the employe was not contused as to the contents and purpose of the letter. Thos, we find no basis for disturbing the finding of guilt. Concerning the quantum of punishment, our attention has been invited to oar recent Award 22380. There, we reduced a dismissal for insubordination to.a ninety (90) day suspension.

Here, the Claimant urges that his past record warrants an action of reducing the suspension. Carrier disagrees, insisting that the employe could have been dismissed for his actions.

We cannot devise an arbitrary scale which measures the amount of discipline due in each case. Rather, we must review each case to assure that Carrier's action was not arbitrary. We will deny the claim.

' Ayard Number 22490 Page 2

Docket Number I`a1-22336

F=n= : The Third Division of the Adjustment Hoard, upon the whole record and all the evidence, finds and holds:

That the parties waived oral hearing;

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

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

That the Agreement was not violated.

A W A R D

Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

ATTEST: ~~ ~~ Executive Secretary

Dated at Chicago, Illinois, this 24th day of August 1979.