Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27028
 THIRD DIVISION Docket No. MW-26400
 88-3-85-3-127
 The Third Division consisted of the regular members and in
 addition Referee Eckehard Muessig when award was rendered.

 (Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

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

 (1) The suspension ('time held out of service') imposed upon Trackman R. T. Rogers for alleged 'Insubordination ... at approximately MP 167.4, M/L Clev-Indpls, ... 11/03/83' was without just and sufficient cause and on the basis of unproven charges (System Docket CR-681-D).

 (2) The claimant's record shall be cleared of the charge leveled against him and he shall be compensated for all wage loss suffered."

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

 The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934.

 This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

The Claimant is a Trackman who, subsequent to an investigation, was found guilty of the following charge:
Form 1 Award No. 27028
 Page 2 Docket No. MW-26400
 88-3-85-3-127

 The Organization essentially challenged the Carrier's conclusion that the Claimant had been insubordinate contending that, at the beginning of the shift on November 3, the Claimant advised his Foreman that he had been ill, was taking medication, and wanted to be released at the end of his regular tour, without being required to work overtime. Moreover, the Claimant's condition worsened as the da overtime was arbitrary and clearly without consideration of the total circumstances.

 The Organization also contends that the Hearing Officer did not conduct the hearing proceedings to specific excerpts from the transcript of the hearing to show that the Hearing Officer solicitated
With respect to the procedural and due process contentions of the Organization, we have carefully reviewed the lengthy hearing transcript and the remainder of the record. While the Organization's assertions are not without merit, we do not find fatal error herein. The record shows that the Organization vigorously and with skill closely examined witnesses and brought forth and explored the relevant issues in defense of the Claimant.

 Turning to the merits, the Claimant's contention that he was too sick to work overtime runs counter to the evidence adduced at the hearing. This reveals that it was not until the time that the Claimant was ordered to complete his assigned duties all the circumstances, the Supervisor's action cannot be said to be unreasonable. Accordingly, the C





                          By Order of Third Division


Attest:
      'Nancy J. r - Executive Secretary


Dated at Chicago, Illinois, this 25th day of April 1988.