Org. File No. HALT-W-202

                                          Carrier File: 2-PfG--1483


Parties Brotherhood of Maintenance of Way Employees

 to and

 Dispute Baltinnre & Ohio Railroad

 Statenant Claim filed on behalf of Trackman Haskell J. Wallace, Baltimore West
 of Claim: End, for restoration of his seniority and reimbursement for all titter
 lost at the applicable rate of pay as a result of being assessed disci- -
 pline of thirty (30) days actual suspension following a hearing on
 1bvember 12, 1975, for his refusal to obey a direct order from his
 supervisor on October 31, 1975.

        Findings: The Board finds, after hearing upon the whole record and all evidence, that the parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as a:rnrnnded, that this Board is duly constituted by Agreement dated October 27, 1976, that it has jurisdiction of the parties and the subject natter, and that the par-des were given due notice of the hearings held.


        Clain-ant Trackman, headquartered at Bay View Yard, Balti=re, Maryland, was a her of the Float Gang on October 30, 19'.'5. He had been assisting in the removal and placenant of ties on the . .Dp Track. His Track Supervisor arrived at that location and after rc,iewing the work,ordered Claimant twice to assist some trackman to pull out som ties. It was alleged that Claimant, at first, failed to do so and thereafter he alleged he had pulled stomach muscles. The track supervisor told Claimant that the Ccxnpany would send him to the hospital. Claimant allegedly refused to go there. He was thereafter taken out of service.


        As a result thereof, an investigation was set up and Claimant charged with: " ..refusing to work, refusing direct orders from your Track Supervisor, and refusing a medical examination to determine your fitness for duty on October 31, 1975..."


        Claimant was found guilty as charged and received a thirty (30) days actual suspension from service as discipline therefore.

                                          PL t3 ) 850


                            -2- Award No. 2


        The Board finds that Clainent was accorded due process. He was properly charged, has represented, had witnesses, faced his accusor and his right of appeal was exercised on his behalf.


        th transcript reflected conflicting and contradictory testimony. However, Carrier, as the trier of the facts, properly determinated the credibility of the witnesses and evaluated the evidence adduced. Carrier lsraas the man and is therefore more capable of appraising their imtives and prejudices. Tie xmre fact that a greater nutrber of witnesses testified on one side than on the other is not determinative of the conclusion reacted as evidence is to be weighed and not weighted.


        The Board, on the record presented, does not find that Carrier abused its discretion. Skile reasonable minds might differ as to the conclusion reached, the evidence adduced does support a conclusion that Clan=t had failed to fly with his suparvisor's instructions.


        As to the discipline assessed, the Board finds that in view of the nature - of the offense ccamitted, an act of insubordination, the discipline iq:)osed was not unreasonable.


        Consequently, in the circumstances, we shall deny the claim.


Award: Claim denied.

 A. J. Cunningham_Eyloyee tgiEer Z. W. Burks, Carrier Ynnber

                ur T. Van Wart, Chairman and Neutral. Nrnber


                issued at Atlanta, Georgia, June 9, 1977.