(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

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

 (1) The suspension of thirty (30) calendar days imposed upon Trackman Jeffery Crumpton for alleged insubordination on May 31, 1979 was without just and sufficient cause, on the basis of unproven charges and in violation of the Agreement.

 (2) Trackman Jeffery Crumpton shall now be allowed the benefits prescribed in Agreement Rule 34(e).

 OPINION OF BOARD: Following an investigative hearing, Claimant was assessed
 a 30-calendar-day disciplinary suspension for being
 "insubordinate". The incident under review was the Claimant's alleged refusal to
 follow proper work orders of his supervisor on May 31, 1979.

 The Organization raises a procedural objection identical to that in Award No. 24080, in reference to multiple roles of the hearing officer. The Board finds that the resulting hearing was fair and proper, for the same reasons as expressed in Award No. 24080.

 The record shows that the Claimant was particularly unresponsive to his Foreman's direct instructions to carry hooks used in track repair. Based on the testimony of the Claimant and the Foreman, the Carrier properly concluded that the Claimant had been insubordinate. The Claimant, however, was not shown to refuse to perform his assigned task completely but rather disputed the manner in which it was to be done. In the ongoing employer-employe relationship, such conduct need not be tolerated, and disciplinary action was warranted. The Board finds, however, that the 30-day penalty, absent demonstrated previous disciplinary history, was overly severe. The Board finds that a 15-day penalty would be appropriate and determines that the Claimant shall be made whq],e for the remaining 15-nay penalty.



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, 1]34;
                        Docket Number MW-24104


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

        The the Agreement was violated.


                        A W A R D


        Claim sustained in accordance with the Opinion.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest: Acting Executive Secretary
 National Railroad Adjustment Board

 By 62 ~ _ %L ~ i Z cC~4_-~
 Rosemarie Bras - Administrative Assistant

 Dated at Chicago, Illinois, this 14th day of January 1983.