(Brotherhood of Maintenance of Way Baployes
 PARTIES TO DISP(PrE:
 (The Chesapeake and Ohio Railway Company
 ( Southern Region (and Hocking Division)

 STAMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

 (1) The suspension of thirty (30) days imposed upon Track Foreman T. J. DeRoasett, Jr. and the disciplinary demotion to trachea and/or disqualification as track foreman imposed upon him for alleged insubordination was arbitrary, capricious, without dust and sufficient cause and on the basis of unproven charges (System File C-D-944/MG-2786).

 (2) Mr. T. J. DeRossett. Jr.'s seniority as track foreman and assistant foreman be restored and unimpaired, his record be cleared of the charge leveled against ham and he shall be compensated. for all wage loss suffered including the difference between what he would have received at the track foreman's rate and what lie was paid at the trachea's rate and overtime pay until he is returned to work as a track foreman with seniority as such unimpaired."

 OPINION OF BOARD,: Claimant T. J. De Rossett, Jr.., Track Foreman, was
 suspended for a period. of 30 days and also was dis
 qualified as a track foreman due to Carrier having found him guilty of in
 subordination when he refused to follow his supervisor's instructions.
 There is substantial evidence in tie investigative hearing record to sup
 port this charge.

 Claimant engaged in a serious act. Insubordination is e pernicious thing. It cannot be tolerated especially within the class of employs charged with first-Line supervisory authority. Under the circumstances the Board is unable to find that the actions of Carrier constituted either an abuse of its discretion or excessive discipline.





That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes 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

        That the Agreement was not violated.


                    A W A R D


        Claim denied.


                            NATIONAL RAILROAD ADJUSDIENT BOARD

                            By Order of Third Division


'AMMST~- . Acting Executive Secretary
        National Railroad Ad,'Justment Board


y
        Rosemarie Brasch - Adminifftrstive Assistant


Dated at Chicago, Illinois, this 15th day of February 1983.