Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employee PARTIES TO DISPUTE: (Chicago, Rock Island and Pacific Railroad Company ( (William M. Gibbons, Trustee)

1. The Carrier violated the Clerk's Agreement between the Parties, when on September 5, 1975 it dismissed Clerk J. P. Bowen from the service based on charges not substantially proven, and

 2. The Carrier's action in dismissing Mr. Bowen was unjust, unreasonable, arbitrary and capricious and an abuse of Carrier's discretion. The discipline assessed was too harsh and excessive, and

 3. Clerk J. P. Bowen shall now be reinstated to the service of the Carrier with seniority and all rights unimpaired, and be compensated for all wages lost, from date of dismissal until date he is so reinstated.

 OPINION CF HOARD: On August 28, 1975, Carrier notified the Claimant
 of an investigation to determine responsibility,
 if any, for an asserted refusal to follow certain instructions.

 Subsequent to the investigation, the Claimant was dismissed from the Carrier's service.

 The Claimant urges that the Carrier erred when it found him guilty of insubordination because (even though the Claimant failed to drive a mail truck when so instructed) the Carrier did not attempt to ascertain the reason why the employe refused to carry out instructions. Moreover, he asserts that he was "set up" by the Carrier Officials who had instructed him to perform two divergent duties on the day in question, and it was impossible to obey all instructions. The Claimant also asserts that the least senior clerk usually drove the mail truck and he was not the least senior employe on the day in question.


At the investigation, the Foreman of the Mail Center stated that the employe refused to fulfill the order because he had "six years seniority and that he wasn't dressed to drive the mail truck."

 It is noted that distribution and delivery of messages and mail is a part of the duty and responsibility of the Claimant's jobs and a driver's license is a requirement of the position. Further, it is interesting to note that the Claimant concedes that he refused to drive the mail truck approximately one hour after his representative explained to him that he cou
our review of the record in its entirety, including the transcript of investigation, fails to reveal any factors to us upon which we can reasonably base a conclusion that the Carrier "set up" this employe, or that it was unduly unreasonable on the day in question.

 Regardless of what original assignment may or may not have been made, it is clear and should be obvious to employes that a Carrier has the right to alter instructions and to require additional or alternative duties. If the employe feels that the Carrier's request is inappropriate, then, of course, he has contractually provided avenues of recourse and the record here affirmatively shows that this employe was aware of that method of relief.

 We find no evidence to alter the conclusion reached by the Carrier that this employe was insubordinate and that discipline was appropriate, Nonetheless, we question, under all of the facts and circumstances as we know them, whether the imposition of a termination from service was appropriate. record, we are inclined to find that such a penalty was arbitrary in this case, and we will restore the Claimant to service, but without back pay.

        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 fn this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;
                    Award Number 22377 Page 3

                  Docket Number CL-22242


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

        That the discipline imposed was excessive.


                  A W A R D


The termination is set aside. The Claimant shall be restored to service, with retention of seniority and benefits, but without compensation for wages lost during the period of the suspension.

                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        By Order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago, Illinois, this 30th day of March 1979.