(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE: (Staten Island Rapid Transit Operating Authority

1. The Carrier violated the established practices and rules of the Brotherhood, when they dismissed Mary Lou MacStoker for an alleged act of insubordination.

 2. The Carrier will reinstate Mary Lou MacStoker and pay her for all time lost, commencing August 15, 1980 and continuing until the violation is corrected.

 3. The Carrier will also make claimant "whole" for vacation, seniority, and any medical bills incurred during the above suspension.

 OPINION OF BOARD: Claimant entered service of Carrier on December 12, 1979 as
 a stenographic clerk, Position No. 81-B-103. The job
 description of this position includes, among other things, the following:
 "... (job) incumbent may be required to take down and to transcribe meetings,
 investigations, and hearings, in whole or in part ..." (Bulletin No. 71). The
 traditional m3aaer of fulfilling this function is by means of direct typing of
 transcripts so that both Carrier and Organization may readily refer to the
 transcript during a hearing itself. On July 25, 1980 Claimant was notified to
 appear at Carrier's Administrative Offices on July 31, 1980 for an investigation
 hearing. Claimant was charged with insubordination since she allegedly refused a
 direct order to fulfill the job function noted above in the traditional manner,
 advising her superior (E. J. Cummings, Sr., Assistant Superintendent Operating and
 Maintenance) that she would, instead, take dictation of a hearing which was to
 have taken place on July 25, 1980, in shorthand. After postponement, the
 investigation into this incident, in accordance with Rule 47 0_ the Agreement
 between the parties, took place on August 1, 1980 and was continued on August 6,
 1980. On August 15, 1980 Claimant was advised by Carrier that she had been found
 guilty as charged and was dismissed from service.

 An analysis of the investigative hearing which took place on August 1 and 6, 1980 indicates that Claimant was aware that typing of hearings was an integral part of her job responsibilities and that she offered no medical evidence prior to taking this job nor in the investigation itself to show that she was physically incapable of performing this task. Her decision mot to perform this part of her job falls, in the mind of the Board, under the title of an arbitrary and voluntary act. The Board will not move, therefore, that the disciplinary action of the Carrier be disturbed since the Board, in this case,
 Award Number 24122
 Docket Number CL-24194

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 finds insufficient substantial evidence that the Agreement between the parties was in any way violated.



That the Carrier and the Employee involved in this dispute are respectively Carrier and Employee within the meaning of the Railway Labor Act, as approved June 21, 193+;

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

A W A R D
Claim denied.

 Attest: Acting Executive Secretary

NATICKAL RAILROAD ADJUSTMENT BOARD
 By Order of Third Division

 -- Rosemarie Brasch - Administrative Assistant

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