(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

STATEMENT OF CIAIM: "Claim of the System Committee of the Brotherhood that:

 (1) The dismissal of Welder Helper Gary D. Brickley was without just and sufficient cause (System File NW-78-11-CD).

 (2) Welder Helper Gary D. Brickley shall be reinstated to his former position with pay for all time lost and with vacation, seniority and all other rights unimpaired. The charge shall also be removed from his personal record."

 OPINION OF BOAR: Claimant, a welder helper, had about four years of
 service with the Carrier. On April 25, 1978, he was dismissed from the service. The letter of dismissal, handed to him on that date, gave no reason for his dismissal. Claimant requested a hearing under the provisions of the Agreement, and in setting up the hearing, the Division Engineer referred to:

In the hearing it developed that on April 25, 1978, the welder with whom claimant was working instructed the claimant to mix a batch of "mud", i.e., a sand, clay and water mixture used in packing Boutel welds. The claimant complied and mixed what he considered to be sufficient "mud". The welder instructed the helper to mix more "mud", whereupon the claimant informed the welder that he (the claimant) had already mixed enough "mud" for the remainder of the day.

 Based upon the entire record, the Board finds that claimant was insubordinate to the welder. However, it is our opinion that, under the prevailing circumstances, permanent dismissal was excessive. We will award


that claimant be restored to the service with seniority and other rights unimpaired, but without any compensation for time lost while out of service.

        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 jurisdiction over the dispute involved herein; and

        That the discipline imposed was excessive.


                    A W A R D


        Claim sustained in accordance with Opinion and Findings.


                          NATIONAL RAILROAD ADJUSTIENT BOARD

                          By Order of Third Division


ATTEST: 44~. ~A.GI,~f,/Z.

        Executive Secretary


Dated at Chicago, Illinois, this 30th day of July 1980,.,.

                            E


I n , J _
 1