(Brotherhood of Maintenance of Way Employes PARTIES TO DIS$1TE:

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

 (1) The discipline assessed Machine Operator Homer Warren, Jr. for alleged insubordination was without just or sufficient cause and on the basis of unproven charges (System File 100-163/2579-23).
(2) Machine Operator Homer Warren, Jr. shall have his record cleared of the charge leveled against him."

 OPINION OF BOARD; Claimant was suspended from service by the Carrier for a
 period of ten days for failure to report to work at the
 designated time on a Saturday morning. Such suspension was deferred for a
 period of twelve months, meaning that the claimant would not be required to
 serve the deferred suspension unless within the twelve-month period, he were
 found guilty of additional rule violations. The entry of the deferred suspension
 does remain on the claimant's record.

 The claimant alleges that he did not hear the foreman issue instructions to work on Saturday and since Saturday is not normally a working day, he did not report for work. A review of the pleadings and the testimony indicates that the claimant relies upon his own testimony as well as the supporting testimony of one employe who indicated that when the foreman gave him instructions, he said that the employes were through for the day and could go home. He did not, at that same time, instruct them to report to work at 8:00 the following morning. This witness also stated that i a distance away from the foreman.

 The foreman testified that he instructed all the employes to report the following morning, including the claimant, and another employe testified that the claimant was present when the foreman gave his instructions to report to work the following morning. The employe supporting the claimant's contention indicated that he could not state that the claimant was not instructed to work because there was some discussion by the employes of the instructions they had received. He also stated that it was normal for the employes to ask the supervisor for instructions.


Under the circumstances, there is ample evidence to conclude that the instructions were issued to all employee, including the claimant, and that, therefore, under these circumstances, the discipline which was imposed is reasonable.



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



        Claim denied.


                                  NATIONAL RAILROAD ADJUSTMENT BOARD

                                  By Order of Third Division


ATTEST: a
                Executive Secretary


Dated at Chicago, Illinois, this 15th day of April 1981.

                                            1.


                                          a