PARTIES Brotherhood of Maintenance of Way Employees
 DISPUTE : and
 Baltimore and Ohio Railway Company
 STATEMENT Claim by Foreman Gregory Hartley from ten-day
 OF
 CLTIM : actual suspension following a hearing on May 4,
 1978.
 FINDINGS : The suspension is based on Carrier's finding that
 claimant was insubordinate by failing to comply
 with Manager Silbaugh's order to set up the
 Tamper.
 There is substantial evidence in the record,
 consisting of testimony of Manager Silbaugh and Supervisor Soales,
 that claimant refused to comply with Mr. Silbaugh's instructions
 even though they were unambiguous and given four times.
 Claimant admitted refusing to comply with the
 Manager's direct orders, but testified that his refusal were based
 on the fact that it was raining at the time. He testified that -
 he is not required to comply with such instructions
2 PLB-2778 .

 Award 1#39

 The record does not establish by competent proof that it was raining too hard for the men to work or that any reasonable safety hazard was involved in the work in question. Mr. Silbaugh volunteered to perform the specific work that allegedly might have produced an electric shock and displayed considerable patience in the entire situation.

 AWARD: Claim denied.
 Adopted at Baltimore, Md., x~ 1984.

-4, t~zs

Hara d M. Weston, Chairman
 Aze~
 CarrierMember Employee ember