PARTIES) The ATCr1ISON, TOPEKA ANu SANTA FL t(lilL4i ~.Y C0fIP6uVY TO ) DISPUTE) BRUT:IE:d100D OF MAINTENANCE OF W.^.Y i:Ill'LOYr::.S

 STATE~MNT Or CLAIM: 1. That the Carrier viOlatoa L:ic Agreement between the parties w en Northern Division Tracki:,un J. A. ~alatr:i::~,r u_~ remcjvec from service June 1, 1979, said re:roval being e:c;!ebsive and in abuse of discretion.

 2. That the Carrier now reinstate former Trac'.u;.ar_ J. A. Balderama
 to service with seniority, vacation, al:. other rigrLLs uniLiruil:ed ana
 wage loss beginning June 1, 1979, continuing forward.

 FINDINGS: This Public Law Board No. 1532 finds that the parties ~n re Carrier and Employee within the meaning of the Railway Labor Act, as amended, and that this Board has jurisdiction.

 The claimant was employed by the Carrier May 8, 1970. Or, May 17, 1979 the claimant was working in Sweetwater Yard on Extra Gang 66. T're section foreman observed the claimant working without his safety biasses and instructed the claimant to put them on. Tire claimant saia it was too dark to wear the glasses and refused to pug them on. Tier safety foreman repeated his instructions several more times but rile claimant refused and threw the glasses against the raii, breaking t1le«:. Immediately thereafter the claimant left work.

 The claimant was notified by mail May 21, 1979 to attend a formal investigation on May 31, 1979. Pursuant to the investigation, clailaaut was found guilty of violating Rules 1, 14, 16 18, and Safety Rules 33 and 35. The Organization contends the discipline assessed in this case was excessive in relation to the rules allegedly violated.

 The claimant was guilty of insubordination and also of throwing the safety glasses. Under the circumstances with the short tenure of seniority of the claimant, there is certainly no justification to overrule the decision of the Carrier.

 AWARD: Claim denied.



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                          e --an Kember


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                            IC6 46,

                            C=r Member