(Brotherhood of Railway, Airline and Steamship Clerks, (Freight Handlers, Express and Station Employes PARTIES TO DISPUTE: (Chicago, Milwaukee, St. Paul and Pacific Railroad Company


1) Carrier violated the Clerks' Rules Agreement at Bensenville, Illinois when it charged, held investigation and assessed discipline of fifteen (15) days suspension on March 11, 1981 to Employe D. H. Green.
2) Carrier shall now be required to clear Employe D. H. Green's record of charges, investigation and subsequent discipline, and compensate him for all lost time caused by such charges, investigation and discipline.
OPINION OF BOARD: The Claimant, D. H. Green, is a twenty-two (22) year employee
 of the Carrier serving as Chief Clerk. On March 11, 1981,
 shortly after the start of his shift he was told that he was to assist in
 unloading supplies.
His Supervisor testified that the Claimant was notified twice to this effect and each time the response was, "that he was not going to help put away supplies. He said it was not his job."
The Claimant states that when instructed to unload the supplies he answered that he, "could not". Although he never informed his Supervisor of his reasons at that time, he states that he had a pulled stomach muscle and had been advised by his Doctor not to lift anything above twenty-five (25) pounds.
The Claimant was initially suspended for fifteen (15) days as a result of this incident. This penalty was subsequently reduced to "time served^, a period of two (2) days.
The Employes claim that this disciplinary suspension was improper in that the charge of insubordination was not proved and the penalty was unwarranted in any case.
The Board is disinclined to agree. Probative and substantial evidence was presented at a proper hearing to attest to the Carrier's version of the facts. And it is not for the Board to resolve conflicts in testimony.
                    Locket Number CL-24833


Moreover the Claimants admission that he did not explain his reasons for being unwilling to handle the materials in question and his introduction of a medical slip dated four (4) days after the occurrence cannot help convince the Board of a miscarriage of justice.
The Carrier's disciplinary action, therefore, is warranted. Certainly a two (2) day suspension is not unduly harsh. A long service employee should know what is required of him and act accordingly. Thus the claim is denied.
        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 thp 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


Attest: ,
 Nancy J D r - Executive Secretary
Dated at Chicago, Illinois this 26th day of July 1985.