PARTIES TO DISPUTE:

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

 (1) The dismissal of Trackman R. K. Screven for alleged violation of Rules 15 and 18 was without just and sufficient cause and wholly disproportionate to the offenses
(2) Trackman R. K. Screven shall be reinstated with seniority and all other rights unimpaired and be compensated for all wage loss suffered."

 OPINION OF BOARD: Claimant, Trackman R. K. Screven, was charged on July 31,
 1978 with conduct on July 28th, 1978 which violated that part of carrier's Safety Rule 15 reading "Employees must work in harmony with associates", and Rule f8 that "Desertion, insubordination, will subject the offender to dismissal". A hearing was held on August 2nd and Claimant was dismissed from service on August 16, 1978.

 A review of the record before this Board establishes that grievant was "cussing and fussing" in general and against the Foreman in particular, and reluctantly followed orders only after they were repeated several times. There was substantial evidence to sustain the Carrier's decision to discipline. However, given the nature of the offenses the penalty of termination is too severe. Accordingly Claimant is to be returned to service but without any back pay.



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
Award Number 2?b72
 Docket Number .u.-23233

 A W A R D
Claim sustained in accordance with the Opinion.

 Page 2

 NATIONAL RAILROAD ADJUSTMENT BOARD
 By Order of Third Division

 Attest:

Dated at Chicago., Illinois, this 8th day of December 1981.