(Brotherhood of Maintenance of Way Employee

PARTIES TO DISPUTE:
              (Southern Pacific Transportation Company (T&L Lines)


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

 (1) The dismissal of laborer A. W. Page for alleged violation of Rules 801 and 8022 was without just and sufficient cause and exceedingly harsh (System File MW-80-17/272-8-A).

 (2) Laborer A, W. Page shall be reinstated with seniority and all other rights unimpaired and he shall be compensated for all wage loss suffered."

 OPINION OF BOARD: Claimant A. W. Page, a Laborer, was dismissed by his Yard
 Foreman on October 25, 1979 for insubordination in refusing to carry out a direct order. A hearing was held on November 30, 1979 and the Carrier sustained the dismissal on December 3, 1979·

 A review of the retard, namely the testimony of the Yard Foreman, Leadman, , and that of Claimant establishes that there was substantial evidence to sustain the Carrier's decision to discipline Claimant for the October 25th incident. In view of Claimant's poor record during a short period of service the penalty of dismissal is reasonable.

        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 Employee 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.

                      Award Number 23971

                      Docket Number hb1-23828 Page 2


                            NATIONAL RAIIROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest: Acting Executive Secretary
 National Railroad Adjustment Board

                  . '~


BY
 Rosemarie Brasch - Administrative Assistant

 Dated at Chicago, Illinois, this 27th day of August 19a2.

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