(Brotherhood of Maintenance of Way Employee PARTIES TO DISPUTS:
                (Chicago, Milwaukee, St. Paul and Pacific Railroad Company


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

 (1) The dismissal of Machine Operator Michael R. Campbell for alleged violation of Rule 700 was without just and sufficient cause /System File C#127/D2232-1/.

 (2) Machine Operator Michael R. Campbell shall be reinstated with all seniority rights unimpaired and he shall be compensated for all wage loss suffered."

 OPINION OF BOARD; Claimant Michael R. Campbell was hired by the Carrier on
 May 30, 1978. On September 13, 1978, while working as a Machine Operator, he was dismissed by his Supervisor for insubordination in stopping work without pe
A hearing was held on September 27, 1978. An examination of the record before the Board establishes that Claimant failed to indicate to his Foreman that he had a medical problem and wanted to leave work because of it, and that he used inappropriate language towards his Supervisor. There was substantial evidence to sustain the Carrier's decision to discipline Claimant.

 The penalty of dismissal is, however, too severe. This was recognized by the Carrier when, on September 29, two days after the hearing, it acted promptly in offering Claimant "reinstatement effective at once on a leniency basis without pay for time lost"; the loss of twelve days pay being considered sufficient for corrective impact on Claimant, an employe of a few months duration. This offer was consistently made by the Carrier in subsequent grievance steps and apparently rejected more than once by the Claimant. Accordingly it is our determination and we so order that Claimant be restored to service without pay for the time he has been 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;

                          Award Number 23362

                          Docket Number W-23333 Page 2


That the Carrier and the Employee 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 was excessive.


                          A W A R D


        Claim sustained is accordance with the Opinion.


                              NATIONAL RAILROAD ADJUSTMENT BOARD

                              By Order of Third Division


ATTEST;

            Executive Secretary


Dated at Chicago, Illinois, this lath day of August 1981.

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