FILE: SL-237-T-78


      PARTIES TO DISPUTE: Illinois Central Gulf Railroad Company and Brotherhood of Maintenance of Way Employees


                  STATEMENT OF CLAIM


      "(1) The suspension of Trackman T. L. Mueller from May 12, 1978 to August 19, 1978 was without just and.sufficient cause:


      (2) The charge shall be stricken from Claimant's record and he shall be accorded the benefits of Rule 33(i)."


                  OPINION OF BOARD


Claimant was notified of a formal investigation concerning an alleged insubordination for failure to attend remedial safety instructions. Subsequent to the hearing he was suspended for ninety (90) days.

 Carrier instructed Claimant to attend a remedial safety class on February 22, 1978. When he failed to attend - or notify Carrier of inability - he was charged.

 Although Claimant raised certain objections (at the hearing) to being required to attend because of his furloughed status (even though he had certain displacement rights) he also asserted an inability to complete the trip because his truck "broke down."

 It may be that under certain circumstances a furloughed employee does not owe the same degree of responsibility to an employer.as does an active employee. But, we do not find it necessary to decide that question which is much broader than the one presented here. This Claimant was "bumped" on
 February 13 and he had fifteen (15) days to exercise certain options. fie was within that time frame when instructed to report and'we feel that at that time - at the very least - he was obligated to communicate to his employer a desire to refrain from attending.

 Even if. the Employee .experienced.automobile problems, he was obligated to attempt to so notify the Carrier. fee failed to do so.

 A, ninety (90) day suspension may seem excessive at first. glance; however a review of. Claimant's prior record suggests that he has been disciplined previously - in a relatively short career - for similar type offenses.

                      FINDINGS


The Board, upon consideration of the entire record and all of the evidence finds:

 ' The parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended.

 This Board has jurisdiction over the dispute involved ' herein.

 The parties to said dispute were given due and proper notice of hearing thereon.

    ' AWARD


      Claim -denied.


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              J seph A. i tles

              Chairm n and Neutral Memb r


    1 ~r~' t~I~

Hugh C(. Harpr IIichae7 J. Hagan
 Organization Member Carrier Member

                        DATE


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