The Board, upon the whole record and on the evidence, finds that the parties herein are Carrier and Employees within the meaning of the Railway Labor Act, as amended; that this Board is duly constituted by agreement of the parties; that the Board has jurisdiction over the dispute. and that the parties were given due notice of the hearing.
Claimant was assessed a 30-day disciplinary suspension for willful neglect of duties and insubordination for his conduct on May 9, 2007. At the time of the incident, claimant had more than 7 years of service.
Turning to the merits, we find the record does contain substantial evidence in support of the Carrier's determination that claimant was guilty as charged. According to the record, claimant effectively ignored three phone calls from his supervisor directing him to immediately cease what he was doing Public Law Board No. 7104 Award No. 33
to visually check out a report of buckled main line track at Milepost OMB 284.2 on the Morganlield Branch near Madisonville, Kentucky. During a fourth call by the Roadmaster to impress upon claimant the importance of carrying out his duties promptly, claimant responded that he did not need a lecture on the responsibilities of his job and then hung up on his supervisor. The location in question did, indeed, have track out of alignment by approximately 24 inches. 'fhe record does not depict any circumstances whatsoever that operate to mitigate claimant's uncooperative and insubordinate conduct.