PARTIES TO DISPUTE:

STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Trackman K. Bristol for alleged insubordination on August 21, 1980 was without just and sufficient cause (System Locket 649).
(2) The claimant shall be reinstated with seniority and all other rights unimpaired, his record cleared acrd he shall be compensated for all wage loss suffered."
OPINION OF BOARD: Claimant was employed by the Carrier as a trackman, and
 had about two and one-half years of service. He was
 instructed to attend a hearing and investigation on August 28, 1981, on the
 charge:


The investigation was conducted as scheduled, and a copy of the transcript has been made a part of the record. A review of the transcript shows that the hearing or investigation was conducted in a fair and impartial manner. None of claimant's substantive procedural rights was violated.
There was substantial evidence in the investigation in support of the charge against the claimant. Discipline was warranted. However, based on the entire record, the Board is of the considered opinion that the time that claimant has been out of service should constitute sufficient discipline for the offense. 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 the service. Claimant should clearly understand, however, that the purpose of this Award is to give him one last chance to become and remain a competent and responsible employe, and that further major infractions by him may result in permanent termination of his services. He should also understand that it is expected that his attitude toward supervision will improve.
                      Locket Number MW-24861


        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 anployes involved in this dispute are respectively Carrier acrd 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 in accordance with the Opinion.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


Attest
 Nancy ver - Executive Secretary
        Dated at Chicago, Illinois, this 4th day of November, 1983


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