PARTIES; ATCB=SOIT, TOPEKA AND. SANTA FE: RAILWAY COMPANY

 DISPUTE). BROTHERHOOD OE MAINTENANCE OF WAY WLOYEES
STATEN OF CLAIM:
l_ That. the Carrier's decision to remove Colorado Division Trackmaac P. A.. SiLva. from: service was. iajust.

 2. That the Carrier now reinstate claimant Silva with seniority, vacation, all. benefit rights unimpaired and pay for all wage loss as a. result o£ investigation held October 12, 1983 continuing forward and/or otherwise' made while,. because. the Carrier did not introduce substantial, creditable evidence that proved that the claimant violated the rules enumerated in their decision,. and even if clafmaat violated the rules= enumerated is the decision, permanent removal from. service is. harsh. and extreme discipline under the circumstances.

 FINDINGS: TFiis.Public Law Board: finds that the parties herein are
 x ez and Employee. withi= the me T-1ng of the Railway Labor Act,
 as amended,'and that thin Board has. Zu=isdiction.

 1a this. dispute the e-Tg#srt was charged with. being absent from
 duty without authority. at La Junta, Colorado at 7:30 a.m. on Oct
 ober S, 1983 is vialation. of Rules-Z. 14, 15, 16 and 31B, General
 Rules far the Guidance of Employees, 1978. The claimant was also
 charged with. being argumentative and acting is an insubordinate
 marTaI- toward RCa ter S. &. Goodall..

 Pursuant to the £avestigatio=the e_,1=-fm9Mt was found guilty and was dismissed.fro, t the service of the Carrier.

 The tzanscr#t of record has,. beea studied, and the evidence indicates that the foreman had" in. effect, granted the claimant herein permission to gc home. The claimant was. involved in misconduct; he did talk is am insubordinate manner to the Roadmaster.

 However, under the circumstances existing herein, it is the opinion of the Board that permanent di.smissalis harsh, arbitrary and unjust. The Carrier is directed to reinstate the claimant with seniority and all other rights unimpaired but without pap for time lost..

 AWARD:. Claim sustained as per above.
 MB - 1582
 1,5-'G1-Award No. 252
 Page 2

 ORDER: Tae Carrier is directed to comply with this award within ' t=rty days from the date of- this award.

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                            Organi'zatioa em er


                            (;Mriaff Member


Dated sanuarlr S, 7384

at.Chicagar I'll'inois: .