(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

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

 (1) The discipline ('time held out of service as discipline') imposed upon Trackman R. C. Feese for alleged insubordination on June 30, 1982 was without just and sufficient cause and on the basis of unproven charges (System Docket CR-51-D).

 (2) The charge leveled against the claimant shall be removed from his record and he shall be compensated for all wage loss suffered."

 OPINION OF BOARD: The Claimant is a Trackman with approximately four years of
 service at the time he was found guilty of refusing to obey
 an order and insubordination.

 On June 30, 1982, the Claimant was setting spikes. According to the testimony of the Assistant Engineer of Railway Gang 101, the Claimant was taking a smoke rather than setting spikes. According to the Assistant Engineer he told the Claimant he would not take that. He said the Claimant responded, "F - you, I'm going." The Assistant Engineer then informed the Claimant he was out of service.

 According to the Organization, the record establishes that Claimant's work was caught up and tha boring machine to move ahead. The Organization contends the Claimant was not engaged in any improper conduct that was any different than the others which should have singled him out for the unprovoked berating by the Assistant Engineer and that there was some question as to who said what to whom and when it was said.

 This Board has reviewed the record and finds the discipline imposed was not commensurate with the nature of the proven facts of this case. Accordingly, the Claimant's t August 3, 1982, is reduced to seventeen calendar days and he is to be paid for time lost between the dates of July 18, 1982 until returned to service less outside earnings, if any.



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;
                        Docket Number MW-25964


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:
        Nancy J. r - Executive Secretary


Dated at Chicago, Illinois, this 27th day of February 1987.