Paul C. Carter, Referee


(Brotherhood of Maintenance of Way Zeployes PARTIES TO DISPUTE:
                Missouri Pacific Railroad Company


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

 (1) The dismissal of Trackman Willie Mellion for 'being insubordinate to Roadmaster A. Lung' on November 7, 1980 was excessive and unwarranted (Carrier's File S 310-391).

 (2) The clebieart shall be reinstated with seniority and all other rights unimpaired and he shall be compensated for all wage loss suffered."

 GPINION OF BOARD: Claimant was a trackmsn, with about four years of service
 with the Carrier. At the time of the dispute giving rise
 to the dispute herein, he was assigned to Gang 5504, working in the vicinity
 of Vacherie,, Louisiana, under the supervision of Tract Foreman L. E. Hawkins
 and Roedmaster A. Lum. The Carrier contends that on November 5s 1980,,
 and had been absent without permission.

 The Carrier also contends that on November q, 1980, Roadmaster Lung arrived at the work site of the gang at about 12:13 P.M. The Roadmaster advised the foreman to have claimant report to the Roadmaster's truck. Upon being instructed by the foreman
                        1 t did not reply. The foreman repeated

. his instructions, but claimant did not respond and did not comply with the instructions. The Roadm report to the Rondmnster's truck. The claimant again did not respond and did not comply with the instructions. Claimant ass then removed from the service and notified to report for investigation to be conducted on November 14, 1980:

        "...to develop the facts and place responsibility, if says in connection with your reported being insubordinate to Roadmaster A. Lugs at mile post 47 pole 22 near Vacherie, Louisiana at approximately 12:13 In November 7, 1980, while you were working as Trackman on Gang 5504 and for review of your personal record."


The investigation was postponed and conducted on December 16, 1980. A copy of the transcrip(,,of the investigation has been made a part of the record. The Hoard has reviewed the transcript, and finds that none of claimant's substantive procedural righ in a fair and impartial manner.
                    Award Number 24387 Page 2

                    Docket Number MW-24570


In the investigation there was substantial evidence by the foreman and the Bandmaster that claimant failed to respond to or comply with the instructions of the foreman refused to answer any questions or provide any testimony in his behalf. Ris actions in this respect were at his peril. The Roadmaster testified that to his knowledge claimant could write and talk.

 The representative of the Organization objected to a review of claimant's personal reed in the inves record was not in violation of the Agreement or prejudicial to claimant. The prior record shows that on July 27, 1979s teat was dismissed for insubordination and reinstated on a leniency basis on October 5, 1979.

 Based on the entire record before the Board, there is no psoper basis for the Board to interfere with the discipline imposed by the Carrier. Insubordination simply snot be condoned. The rule has often been stated that employee must comply with instructions of their superiors, unless a proven safety hazard esistsv and then handle through the grievance procedure if they consider that their agreement rights have been violated.

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


        That the parties waived oral hearing;


That the Carrier and the Employee 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 ~urisdieti=

over the dispute involved herein; and ~` C E C E I V Lc
        Mat the Agreement was not violated. 1f JUL 2 7 '~E3


                    A W A R D ~,~ ~~G ~Claim denied. ` c90 Office',

                    NATIONAL RAnROAD ADJOS - _ -_

                              By Order of Third Division


ATTEST: Acting Executive Secretary
 National Railroad Adjustment Board

 By m'96'emarr- nistrative Assistant

 Dated at Chicago, I.linois, this 26th day of May 1983.