(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE: (Atchison, Topeka and Santa Fe Railway Company

(a) Carrier violated the Clerks' Agreement at Topeka, Kansas when it removed Richard L. Parker from its service as result of investigation held on October 5, 1984, and

 (b) Richard L. Parker shall now be reinstated to Carrier service with all rights unimpaired and compensated for all time lost, and

 (c) In addition to the moneys claimed, Richard L. Parker shall now receive twelve (12) per cent interest on moneys claimed. Such interest is to be compounded each and every payday from the date of removal from service forward until Claimant is reinstated and his compensation for time lost is received."

 OPINION OF BOARD: The record shows that at the time of the occurrence giving
 rise to the dispute herein, Claimant was the assigned
 occupant of Storehelper Position No. 6120, at Topeka, Kansas. Following a
 rather lengthy Investigation conducted on October 5, 1984, Claimant was dis
 missed from service on October 23, 1984, for violation of Rules 2, 14, and 16
 of Carrier's General Rules for the Guidance of Employes. The Rules read:







                        Docket Number CL-26978


          Rule 16


          "Employes must not be careless of the safety of themselves, or others; they must remain alert and attentive and plan their work to avoid injury.


          Employes must not be indifferent to duty, insubordinate, dishonest, immoral, quarrelsome or vicious.


          Employes must conduct themselves in a manner that will not bring discredit on their fellow employes or subject the company to criticism or loss of goodwill."


A copy of the Transcript of the Investigation conducted on October 5, 1984, has been made a part of the record. Upon review we find that none of Claimant's Agreement rights was violated. While the record shows some rather strong give and take between the Conducting Officer, the Claimant and Claimant's Organization repres of his substantive rights. The Carrier acted properly in not permitting the outside Attorney to participate in the Investigation. (See Third Division Award Nos. 24998, 24999, and 25000; Second Division Award Nos. 11124, 6381.)

 The charge against the Claimant alleged insubordination on his part during a meeting in the office of the Assistant General Manager of Materials - Systems, at approximately 2:30 P.M., August 6, 1984.

 Substantial evidence was adduced in the Investigation, including Claimant's statement, in support of the charge that Claimant was insubordinate to a superior officer on August 6, 1984. Severe discipline was warranted. However, under the circumstances involved, we find that permanent dismissal was excessive. We will sustain the Claim to the extent of awarding that Claimant be restored to 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 was excessive.

                        Award Number 26467 Page 3

                        Docket Number CL-26978

                        A W A R D


        Claim sustained in accordance with the Opinion.


                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        By Order of Third Division


Attest:
        Nancy J. ~Der - Executive Secretary


Dated at Chicago, Illinois, this 9th day of September 1987.