This Board, after hearing upon the whole record and all evidence, finds that the parties herein are Carrier and Employe within the meaning of the Railway Labor Act as amended; that this Board has jurisdiction over the parties and the subject matter of the dispute herein; that this Board is duly constituted by an Agreement dated July 23, 1982; and that all parties were given due notice of the hearing held on this matter.
The Carrier charged Claimant with committing insubordination and it convened an investigation on August 8, 1985.
The Assistant Foreman of Track, Surface and Lining System Gang No. 9821 instructed Claimant, a Laborer, to hand tamp underneath the raised switch at Sage, Nevada on July 24, 1985. Claimant was reluctant to shovel ballast underneath the switch. Claimant complained that the job could be accomplished with machinery. A Tamper Operator confirmed that Claimant was working very slowly, if at all, and appeared to be loafing most of the day. Claimant testified that he did everything he was told. He maintained a steady work pace.
In spite of Claimant's denials, the record contains substantial evidence that Claimant did not promptly obey the Assistant Foreman's instructions. Claimant did just complain about his work assignment but he defied his Foreman's authority and refused to perform as instructed. A fellow worker corroborated the Assistant Foreman's testimony that Claimant was working unreasonably slowly on July 24, 1985. Claimant was obligated to execute his assigned duties even if some of those work tasks were undesirable.