PUBLIC LAW BOARD N0. 3514
Case No. 116

 PARTIES
 to

 DISPUTE: Consolidated Rail Corporation

 Award No. 103

 Brotherhood of Maintenance of -Way Employes
 - and

 STATEMENT OF CLAIM: Appeal of Welder R. J. Higgins to have

 30 days suspension removed.

 FINDINGS: . Subsequent toan investigation held on February 1,``1985, the Claimant was .found guilty on January 8, 1985, of - -failure to follow his Supervisor's instructions.
both on procedural grounds and with respect to the substance of
 the charge. It essentially argues that the Claimant was prejudged,
 as evidenced by the hearing transcript. Moreover, also relying
 mainly-on- the testimony. adduced durin5.the-.investigation,--it
 asserts that -the Ca=rier has not met i£s -widen of Vproof . -- `- ---
 We have thoroughly reviewed the record before us and, while we recognize the Organization's contentions with respect to prejudgment, we conclude that the Claimant was afforded the essentials of due proecess protections.
 With respect to the substance of the Carrier's charge, we find that the Claimant was in error in his actions. Failure to follow legitimate instructions is a serious offense for which the Carrier may take appropriate disciplinary measures. However, in
 C-116/A-103 -2-

 this case, a close review of the relevant testimony and the circumstances leads this Board to conclude that the discipline '_

 --assessed was overly harsh and excessiveAWARD .
is reduced to fifteen (15) days. -
 lG
 . J. Dom lski Eckehard Muessig . P.~ Cassese
 Carrier ~mber _ Neutral Member Employee Member

 Dated: FES 27 1986 _