( Steamship Clerks, Freight Handlers,
 ( Express and Station Employes
 PARTIES TO DISPUTE:
 (Fort Worth and Denver Railway Company

1. Carrier violated and continues to violate the rules of the Agreement, the provisions of the investigation and hearing procedures and acted in an arbitrary, when it dismissed Mr. J. R. Wall as a result of an .investigation held on January 30, 1976.

 2. Carrier shall now be required to compensate Mr. J. R. Wall for all wage loss incurred including overtime and all benefits he is entitled to under the existing Agreements beginning February 9, 1976 and continuing until Mr. Wall is returned to service with all seniority rights and privileges unimpaired.

 3. Carrier shall also be required to compensate Mr. Wall ten (l0%) percent interest per day on all loss in compensation beginning with February 9, 1976 and continuing until Mr. Wall is returned to service.

 OPINION OF BOARD: The Claimant, Mr. J. R. Wall, was notified by
 letter dated January 21, 1976 to appear at a
 formal investigation as follows:



        "Please acknowledge receipt by affixing your signature in the space provided on copy of this letter."


The investigation was rescheduled for January 30, 1976, and was held on that date in Wichita Falls, Texas. By letter dated February 9, 1976, the Claimant was notified that he was dismissed from the service of the Carrier as follows:

        "February 9, 1976 - Effective this date, you are hereby dismissed from the service of the Fort Worth and Denver Railway Company for violation of Rules 700, 702, and 702(B) of the Consolidated Code of Operating Rules, Edition of 1967, by failure to report for duty as instructed by Trainmaster and Agent at Wichita Falls Yard at about 1:30 A.M., January 18, 1976, as disclosed in investigation. afforded you on January 30, 1976 at Wichita Falls, Texas


        Relinquish any and all company property, including free transportation, that has been issued to you."


The procedural contentions made by the Organization have been considered by this Board, and we find no prejudicial error in the narrow record of this particular case. We find that clear and substantial evidence exists in the record before us to support the Carrier's finding that the Claimant refused to comply with the Carrier's instructions to work the call in question. We find, however, that the discipline of dismissal in this case is excessive. Therefore, the Claimant is ordered reinstated with all rights unimpaired, but without back pay or benefits.

        FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:


        That the parties waived oral hearing;

                    Award Number 22039 Page 3

                    Docket Number CL-22044


That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        That the Agreement was violated.


                    A W A R D


The Claim is sustained to the limited extent set forth in the Opinion.

                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        By Order of Third Division


ATTEST: 4.,~f~f--J'
 Executive- Secretary

 Dated at Chicago, Illinois, this 28th day of April 1978.