(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:

STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood
 of Railroad Signalmen on the Missouri Pacific Railroad Company:

 I On behalf of Assistant Signalman D. J. Thornton for reinstatement to service and pay for all time lo by others on Signal Gang #1011, beginning July 9, 1976 and continuing until he is reinstated on his former position. fC-arrier's File: R 225-7057

 OPINION OF BOARD: On July 9, 1976, the Claimant, Assistant Signal-an
 D. J. Thornton, assigned to Signal Gang 1011, with headquarters at Hope, Arkansas, was instructed to perform particular duties by his Foreman. He told the Foreman, ". . . that he wasn't going to help John Blevins . . that there was water in the ditch along the right of way and that he felt it was unsafe and a hazard to himself to walk through the water." As a result he was removed from service and charged as follows:


I The investigation was conducted on July 16, 1976. By letter dated July 22, 1976, the Claimant was notified that he was dismissed from the service of the Carrier as follows:

                    Docket Number SG-22080


        "487, Little Rock Subdivision and violation of Conditions of Employment, Item 5, contained in your application for employment dated March 22, 1976. your record now stands 'DISMISSED '11


We find that there is substantial evidence in the record before this Board to support the finding of the Carrier in the instant case. However, we find that this discipline of dismissal is excessive: Therefore the Claimant shall be reinstated with all rights unimpaired, but without back pay or benefits. Certainly in the future the Claimant is expected to follow all reasonable orders pertinent to his assignment as an assistant signalman.

        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;


' 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-jusi'sdi:Ztion over the dispute involved herein; and
        - ,.

        That the Agreement was violated. `


                    A W A R D

                    ~J


        Claim sustained to the extent set forth in the-, p ni-~oa~r- '~


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By,Order of Third Division


        ATTEST:


        Executive Secretary


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