File No. MW-406


Parties Brotherhood of Maintenance of Way Employees

 to and

 Dispute Southern Railway Company

 Statement.
 of Claim: Claim that Machine Operator R. Y. Wilson be
 reinstated to service with seniority and other
 rights unimpaired, that his record be cleared
 and that he be paid for all time lost as a result
 of his dismissal effective October 21, 1981 for
 failing to follow instructions and insubordination.

 Findings: The Board, after hearing upon the whole record and all evidence, finds that the parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended, that this Board is duly constituted by Agreement dated October 17, 1979, that it has jurisdiction of the parties and the subject matter, and that the parties were given due notice of the hearing held.
 Claimant, a machine operator on Carrier's Timber and Service Gang No. 16, was suspended from service on October 21, 1981 pending an investigation. He was charged with failing to follow instructions and insubordination.
 At the beginning of the work day on October 21st, Claimant was instructed by Supervisor Nicks to operate the Scarifier and to install some teeth on the machine during the day. However, Claimant refused to comply with such instructions. He was so instructed several times. As a result of Claimant several times advising that he was not going to put some teeth in the machine, he was suspended from service.

 At the investigation, Claimant asserted that he had not refused to comply with the instructions but merely was advising that it was not possible for him to operate the Scarifier machine and install the teeth.
                          -2- Award No. 33 -~'rJS~P


However, the transcript supports the contentions of.Carrier and not that of Claimant. That Carrier chose to believe the testimony of witnesses who had testified contrary to Claimant is not inconsistent with its discretionary right. The record shows no abuse of discretion. .
 Thus there was sufficient evidence adduced to show that Claimant was guilty as charged.
 As to the discipline assessed, the Board finds that in light of Claimant's.service record,particularly this Board's Award No. 5 issued on April 5, 1480 reinstating Claimant to service, that the assessed discipline was reasonable. This claim will be denied.

 Award: Claim denied. &9Ha 1, EBryce mployee Member D. N. Ray, Carrier Metfib

'Arthur T. Van Wart, Chairman

and Neutral Member


Issued September 10, 1983.