(2) Claim on behalf of Mr. Becerra for wage loss suffered beginning December 10, 1989, during 8-day suspension of December 10, 1989 through December 17, 1989.

During the summer of 1989, Claimant and another employee came to work an hour earlier (6:00 AM) to secure ice and water for the gang. The Claimant would then report to the gang site for role call, job briefing, reading of the rules and exercises. The Track Supervisor, on October 24, advised that effective October 25°, 1989, Claimant was to tie his truck up at Utica, Kansas and commence getting some water and ice for the gang at 7:00 AM at Hagens Repair. Thus, the one hour overtime was eliminated.

He reported to the gang site on October 25th at 7:00 AM for role call. After he reported in Mr. Ware came up and asked him why he was not at Utica getting the ice and water. A serious discussion ensued. The Claimant was subsequently charged to attend an investigation on the charge that he failed to perform assign work and that he was also argumentative and quarrelsome with Supervisor D. E. Ware. As a result he was Carrier found him culpable and he received 30 days actual suspension as discipline therefor.

Claimant was accorded the due process to which entitled under Rule 12.

There was sufficient evidence adduced, including the admissions of Claimant, to support Carrier's conclusion of culpability.

The discipline in the circumstances, is not unreasonable. This claim will be denied.

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