(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (Chicago, Rock Island and Pacific Railroad Company ( (William M. Gibbons, Trustee)

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

 (1) The dismissal of Trackman C. L. Wilson for alleged insubordination on May 20, 1978 was wholly di him (System File 11-D-801/L-126-1696).

 (2) Trackman C. L. Wilson be reinstated with seniority and all other rights unimpaired and he shall be compensated for all wage loss suffered."

 OPINION OF BOARD: Claimant, a track laborer in carrier's employ, was
 discharged from service for insubordination. He was
 accused of violating Rule N of the Rules and Regulations for Maintenance of
 Way and Structures.

 Claimant's discharge occurred on May 20, 1978, when he was fired by Foreman Hagen for refusing an order to work. A hearing was held in the matter on June 19, 1978, and carrier concluded, as a result of that session, that the discharge was appropriate. This fact was communicated to claimant in a letter dated June 29, 1978. The stenographic record of the hearing is a part of the present record.

 After a review of those minutes and the record before us, this Board concludes that claimant has been afforded all of his rights under the agreement.

 It is generally accepted in the railroad industry, as well as in every other industry in the country, that insubordination (especially the refusal of a direct order from a supervisor) is grounds for'discharge. If an order is given that an employe feels is unfair, inappropriate, or in violation of a collective bargaining agreement, it is the employe's obligation to follow the order and obtain redress through the.grievance procedure. An employe cannot resort to self help and expect to be vindicated.


In the instant case, claimant was insubordinate. He resorted to self help by complaining about being "picked on" and by malingering when ordered by his foreman to clean up the track area and the right of way. This type of behavior cannot be tolerated by the carrier. If it were to go unpunished, the railroad would be leaving itself open to other cases of insubordination. This would seriously impair its ability to get the required work done in a timely and efficient manner. No person connected with employer-employe relations on either side of the table can condone such behavior. This Board finds that claimant was insubordinate and supports the carrier's action in this instance.



That the Carrier and the Employee 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



        Claim denied.


                            NATIONAL RAILROAD ADJU.§TMNT BOARD

                            By Order of Third~Divieion


ATTEST: 4a& /~aZ~.

        Executive Secretary


Dated at Chicago, Illinois, this 16th day of May 1980.