Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27297
 THIRD DIVISION Docket No. MW-26412
 88-3-85-3-138
 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: (National Railroad Passenger Corporation ( (Amtrak - Northeast Corridor)

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

 (1) The five (5) days of suspension imposed upon Track Foreman J. Titlow for alleged 'violation of Amtrak's General Rules of Conduct, Rule "K"' was without just and sufficient cause and on the basis of unproven charges (System File NEC-BMWE-SD-760D).

 (2) The claimant's record shall be cleared of the charge leveled against her and she 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 was subject to an Investigative Hearing on the charge that she failed to follow the instructions of her Supervisor because she failed to work on installin Hearing, the Carrier found the Claimant guilty as charged and assessed the discipline of a five (5)
The evidence reveals that the Claimant did not perform the work that she had been directed to do. Accordingly, while we understand her reasons for not installing ties as directed, we do not find that her explanation offsets her failure to properly perform her duties.

 Under all circumstances, the penalty assessed cannot be said to be excessive.
 Form 1 Award No. 27297
 Page 2 Docket No. MW-26412
 88-3-85-3-138




                              By Order of Third Division


Attest:
        Nancy J. ,Pfe~ - Executive Secretary


Dated at Chicago, Illinois, this 12th day of August 1988.