(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (St. Louis-San Francisco Railway Company

(1) The suspension of Trackman Paul R. Anderson from August 11, 1976 to September 15, 1976 was without just and sufficient cause and on the basis of unproven and disproven charges (System File B-1399/Time Claims: General: Anderson, Paul R.).

 (2) The claimant's record shall be cleared of the charges and he shall be paid for all time lost, all in conformance with Agreement Rule 91(b)(6)."

 OPINION OF BOARD: The Claimant was disciplined for being insub
 ordinate and quarrelsome. He was dismissed
 from the service of the Carrier August 11, 1976. Requested hearing
 was conducted August 26, 1976. Carrier restored Claimant to service
 September 15, 1976, alleging that time out of service was sufficient
 discipline for violation of Rules 175 and 176 in this case.

 There is evidence that Claimant was negligent in responding to instructions and continued a verbal exchange with the Foreman when the matter could well have been terminated after the initial confrontation.

 The discipline assessed by the Carrier actually amounted to little more than a thirty (30) day suspension. Based on all the circumstances involved in this case, the discipline assessed is not excessive.

 The Board, having arrived at this conclusion, need not discuss other matters raised by the parties.






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 aver the dispute involved herein; and



        Claim denied.


                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        By Order of Third Division


ATTEST: 5W zjj~,~
 Executive Secretary

        Dated at Chicago, Illinois, this 15th day of November 1978.


                                i I, I.~'u 2 0 r1378