(Brotherhood of Maintenance of Way Employes PARTIES 9.0 DI~(~S:

STI1T57EIT OF CLAM "Claim of the System Oaoittes o! the Brotherhood that:
(1) The thirty day suspension imposed upon Trackman Roosevelt White far alleged Insubordination was without dust and sufficient sense and on the basis of unproven and disproves charges (System File TRRA 1978-38).

 (2) Trackman Roosevelt White be compensated for all wage loos suffered,"

 OPINDDH CF HOARD: On August 10s 1978 Claimatp a track laborer, was
 suspended from service at or about 11:30 a.m. for failure to carry out instructions at a more satisfactory rats thereby being insubordinate, dollaring a heari by letter dated September 51, 1978 that he roe suspended for 30 Gays Without pay. Further hearing was condnobed on October 2978 to hear a witness for Claimants. who was unavailable at the earlier hearing.

 The evidence nddaaed at the investigative hearing affords ample probative showing that the charged violation occurred sad the initial friar of fact so found. While there was countervailing evidence also it is wellsettled that where probativ not substitute its judgment for the initial trier of fact. See Second Division Award 7325 (McBrearty
A violation having been established we confront the question of the propriety of the discipline assessed. As was concluded la Third Division Award 22915 (Kasher)p with which we concur, we conclude that the discipline administered to Claimant was unduly harsh amt will reduce the 30-day suspension. to a 15-ftY suspension.





That the Carrier ate. the Employee involved in this dispute are respectively Carrier and Employee within the meaning of the Railway Labor Acts as approved June 21., 1934;

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



        Claim sustained. in accordance with the Opinion.


                            NATIONAL RAILROAD AaTilSTKENf HMRA

                            By Order of Third Division


        gZ 141

ATTEST:

 Ebcecutive Secretary -.

 Dated at Chicago, Illinois this 15th day of September 1981·

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