STATEMENT OF CLAIM: Claim that former Trackman A. L. Neely be reinstate with sen ority, vacation, all other benefit rights restored and compensate him for all wage loss and/or otherwise made whole be.ginaing June 26, 1981 account unjustly removed from service for being .Imsubordinata and indifferent to duty.

 FINDINGS: This Public Law Board No. 1582 finds that the parties
 era a era Carrier and Employee within the meaning of the Railway
 Labor Act, as amended, and that this Board has jurisdiction.

 In 'this 4ispute the claimant was charged with insubordination. The transcript contains 33 pages of testimony, including testimony of the formaa, two machine operators, seven fellow tra:asmen and the claimant. All of the testimony has been carefully studied.

 The evidence is clear and convincing that the claimant was. in fact, insubordinate. Other trackmen testified that the claimant was within two of three feet of the foreman when he was given the orders at least three times, and instead of complying with these instructions, the claimant turned and walked toward the truck. The Board recognizes
 -tbe claimant contends ha was walking toward the truck to get a spire mall. However fellow workers testified that the claimant could not help but see a spike mall was lying close by.

 The claimant has a poor record and has been disciplined previously for indifference to duty, insubordination and failure to cooperate with a supervisor. Under the circumstances there is no justification for setting the discipline aside.

 At4ARMi Claim denied.

Organization Member

 CHICAGO, ILLINOIS ~
 February 17 , 198 3 a_im · e: I d