PARTIES Brotherhood of Maintenance of Way Employes
 to -and= -
 DISPUTE: Consolidated Rail Corporation

 STATEMENT OF CLAIM: Appeal by Trackman Carl Williams to have ninety (90) days' suspension removed.

 FINDINGS: Subsequent to an investigation, the Claimant was found to be insubordinate when he refused to comply with the instructions of one of the Carrier's supervisors.
 Our close review of the testimony developed at the hearing' reveals evidence that provides substance to the Carrier's finding that the Claimant was insubordinate.
 While the-Board notes that reasonable arguments can be made that the incident that led to this dispute, to a degree, was provoked by the Supervisor, it does not mitigate the Claimant's actions. The evidence is convincing that he refused a legitimate order and that he used fowl and abusive language. We conclude that the discipline assessed was not unreasonable under the circumstances and facts of record.

      The claim is denied.


17, C
 F. J. Domza ki Eckehard Muessig J. P. Cassese
 v Carrier Mtrxber Neutral Member Employee Member

 JAN 23 19W