(Brotherhood of Railway, Airline and ( Steamship Clerks, Freight Handlers, ( Express and Station Employes PARTIES TO DISPUTE: (The Baltimore and Ohio Railroad Company

(1) Carrier failed to adhere to the Agreement between the Parties when, on May 18, 1978, Mr. M. M. Gibson, III was assessed discipline of dismissal from Carrier's service which was excessive punishment, and

 (2) Carrier shall now restore Mr. M. M. Gibson, III to service and compensate him for eight (8) hours' pay beginning May 18, 1978, and continuing for each subsequent date until such restoration to Carrier's service is effected.

 OPINION OF BOARD: At the time of the occurrence giving rise to the dispute,
 claimant was assigned to the clerical Guaranteed Extra
 Board at Cincinnati, Ohio. On April 13, 1978, claimant was called to fill
 a vacancy on Position C-75, Janitor, 3:30 P.M. to 12 midnight. He refused
 to accept the call from the clerk who was responsible for the calling of
 extra employes. The Terminal Service Manager then called claimant and
 claimant told him that he was refusing to work the ,janitor position.
 Claimant was then served the following notice:





The investigation was conducted as scheduled, and on April 26, 1978, claimant was notified of his dismissal effective 12:01 A. M., May 18_, 1978.
                      Docket Number CL-22891


A copy of the transcript of the investigation has been made a part of the record. A review of the record shows that none of claimant's substantive procedural rights wa evidence, including claimant's statement, in support of the charge.

 Claimant should have protected the vacancy for which called and then handled through the grievance procedure if he considered that he was being mistreated or improperly called.

 In the handling on the property, the Carrier stated that claimant had been disciplined on two previous occasions, once on March 25, 1976, when he failed to protect his assignment, and again on March 27, 1976, when he refused to make a track check.

 Based on the entire record, there is no proper basis for this Board to interfere with the discipline imposed by the Carrier.

        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 Employee 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 not violated.


                      A W A R D


        Claim denied.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


                                                          ,. .


ATTEST: , r ._,

        Executive Secretary


Dated at Chicago, Illinois, this 30th day of April 1980. ~ ~~.,, -