(Brotherhood of Railroad Signalmen
 PARTIES TO DISPUTE : (Seaboard Coast Line Railroad. Company

 STATF3KENT Cg' CLAlr(: "Claim of the General Committee of the Brotherhood
 of Railroad Signalmen an the Seaboard Coast Line Railroad
 company:

 On behalf o! Signal Maintainer J. 8. Williams,, Frankliaton, North Carolina, who was assessed thirty days actual suspension far alleged violation of Rule G-1, that the suspension be revoked cal. all reference of this investigation be stricken fra
OPZZfI01t 0F HOARD: After investigation in which Claimant was found guilty
 of insubordination and willful neglect, Claimant was sus
 pended from the service of the Carrier for thirty (30) days. Rule G-1 of
 Carriers Operating Rules lists insubordination sad willful neglect among
 offenses which x111 subject the offender to dismissals

 The Brotherhood asks for revocation of the suspension sad other relief on the ground that Carrier did not afford Claimant a fair sad impartial Investigation; limited the right of Claimant's duly accredited representative at the investigation to ask all the questions he ranted; and did sat prove Claimant's guilt. Rules 47 and 48 of the Agreement provide, in relevant part, that employes not be disciplined or dismissed without a fair and impartial investigation; that if charges should not be sustained, each charges shall be stricken from the record, and reinstatement and sake whole provisions to the extent required, be accorded.

 We have carefully reviewed the entire transcript of the investigation and find substantial proba Claimant knowingly disobeyed as order of his superior to walk the track to locate a source of signal trouble and that this disobedience constituted insubordination sad willful conflicting testimony is a number of respects. However., it is not the Hoard's fraction to resolve or evaluate conflicting testimony given at a hearing. See Third Division Awards Mos. 9230 (Begley); 10113 (Delay); 20034 (Eiachen); and 20030 (F3schea). Appraised on this basis, the record affords adequate evidence to establish Claimant's culpability.
                      Docket Humber SG-23156


Has is there reason to challenge the discipline meted oat to Clalmsat for his offense. Rate G-1 of Carrier's Operating Rules permits discharge far the offense here Pound. But here only a thisEy-day suspension was imposed notwithstand prior offenses* Hence, it is hardly necessary to invoke the principle, enunciated is two of the four Awards already cited, that it is not within the Hoard's province to Substitute., is disciplinary matters, its judgment for that of the Carrier unless the discipline imposed is harsh or excessive*

 There remains for consideration only the contention that Qaiaaat was not afforded a fair and impartial Investigation& The two premises for this contention are (1) that Carrier prejudged the case affil took Claimant's personal record into account in determining his guilt; cad (2) that Claimant's accredited representative at the investigation was unduly circumscribed is questioning witnesses. We are satisfied upon our independent review of the evidence that neither premise has support in the record. As already noted, the record amply supports a finding of guilt without reference to Claimant's personal record, a record which can, however.. properly be taken into account, after guilt is established, to determine appropriate disciplinm* In addition, we are satisfied upon our review, that no lice as questioning, relevant to the instant dispute, was foreclosed* See Third Division Award No. ?2521 (Carter).

        FINDINGS: The Third Division of the Adjustment Board, upon the whole recd and all the evidences, finds cad holds:


        That the parties waived oral hearing;


That the Carrier and the Employee involved is this dispute are respectively Carrier and Employee 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; cad

        That the Agreement was cot violated. _


                      A W A R D

                                      I i.. _ . ,..

                                      r,


        Claim denied.


                                HAR'IT)1GL RAZI.RDAD AWW20MT BOAMD

                                By Order of Third-Division


        ATTEST: Executive Secretary


        Dated at Chicago, Illinois, this 16th day of July 1981.