(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE: (The Belt Railway Company of Chicago

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9834) that:
1. Carrier violated the effective Clerks' Agreement when after investigation
and hearing on January 13, 1983, it arbitrarily and capriciously suspended Clerk
J. N. Carrano from service for a period of thirty (30) days commencing January
19, 1983;

2. Carrier shall now be required to compensate Clerk J. N. Carrano for all wage loss suffered as a result of his suspension and his record shall be cleared of the charges.

OPINION.OF BOARD: Claimant J. Carrano was notified on December 31, 1982, to
attend an investigation to determine his possible responsibility
in a charge of failure.to comply with the instructions of his Supervisor. The
hearing was held on January 13, 1983, and the Claimant was notified by letter of
January 18, 1983, that he had been found guilty of the charge and was to begin an
immediate thirty (30) day actual suspension.

In the instant case with regard to the charge against Claimant, this Board finds sufficient substantial evidence present including the Claimant's own testimony to warrant a conclusion of guilt. During the investigation the Claimant was asked if he understood the order of his Supervisor "that you were to work the train in question". He responded "Yes, sir". And more directly to the point when asked 'You did not cork the train?', Claimant responded "No, sir, I didn't". Additional testimony substantiates not only the Carrier charge, but also that Claimant received a second order from the Supervisor of Car Operations that Claimant was to follow the orders of his Supervisor. Claimant failed to do so.

Organization's contention that Claimant's response was contextually determined by the Supervisor's abrasive and abusive behavior was, in fact, neither fully established during the hearing, nor could it have had any bearing on the responsibility of Claimant, in the instant case, to carry out his orders. This Board, after carefully reviewing the arguments presented, finds that Claimant Carrano was accorded a fair investigation and was guilty as charged. With respect to the discipline assessed by the Carrier, this Board has many times held that insubordination is an offense for which an employe can even be discharged from service (see Second Division Award 7643 and Third Division Award 21059). As such, the assessment by Carrier of a thirty (30) day suspension seems neither unreasonable, nor capricious and will not be disturbed by this Board.
                    Award Number 25317 Page 2

                    Locket Number CL-25446


        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 Agreement was not violated.


                        A W A R D


        Claim denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


Nancy,-i7. ver Executive Secretary

Dated at Chicago, Illinois, this 28th day of February 1985.