PARTIES TO DISPUTE:

STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The thirty (30) days of suspension imposed upon Trackman F. K. Williams and the sixty (60) days of suspension imposed upon Foreman G. Migliorisi and Trackman J. E. White for 'refusal to perform service in connection with derailment at West Conway, Pa.' was without just and sufficient cause (System Locket 612).
(2) The claimants shall be compensated for all wage loss suffered and the charges shall be stricken from their records."
OPINION OF BOARD: This dispute was triggered by a main line derailment which took
 place on March 17, 1980 at West Conway, Pa. The derailment
 resulted in extensive switch and track damage, among other things. Claimants
 herein were members of a Maintenance of Way Gang, consisting of ten men, which
 was called to perform 'derailment duty. Shortly after the gang arrived on the
 scene of the derailment there was a heavy downpour of rain and the men sought
 refuge in their bus. They were instructed to get off the bus and start working
 but refused to do so, resulting in this dispute. Petitioner alleges that the
 men were told to get off the bus in the heavy rain with no specific duties to
 perform since the efforts at the site were just being organized. Carrier does
 not agree and notes that the crew were well aware of what was expected at a
 derailment.
Seven members of the gang waived their right to an investigation and were reinstated a week later (a11 having been removed from service pending the investigation) with no further discipline. Claimants were disciplined, following a guilty finding after the investigation, as indicated in the Claim.
An evaluation of the evidence contained in the record of the investigation clearly leads to the conclusion that Carrier was correct in its determinations of guilt. The Claimants did refuse to perform as their supervision directed. The only remaining issue is that of the nature of the penalty imposed. While it is clear that dismissal is obviously one of the alternatives available to Carrier in instances of insubordination, in these cases, suspension was chosen. The facts indicate, however, that the penalty was different for the three Claimants with the only rationale being that one was a supervisor and White had functioned as a supervisor in the past, thus justifying more severe punishment. The Board does not agree. There was no justification for the disparate treatment accorded the two trackman and furthermore, under the circumstances sixty days was too severe a penalty for the foreman. For that reason the foreman's penalty shall be reduced to forty five days and White's penalty shall be reduced to thirty days similar to the suspension of Williams. The two Claimants will be made whole for losses sustained due to the excessive discipline imposed.
                      Docket Number MW-24918


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


        That the parties waived oral hearing;


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, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and
        That the discipline was excessive.


                      A W A R D


        Claim sustained in accordance with the Opinion.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


ATTEST: Lr
        Nancy er - Executive Secretary


Dated at Chicago, Illinois, this 4th day of October 1984.