Parties ' Brotherhood of Maintenance of Way Employees

 to and

 Dispute Norfolk and Western Railway Company (Former Wabash)

 Statement
 of Claim: Appeal from discipline of dismissal assessed R. M.
 Miller by letter dated November 19, 1984 as a
 result of investigation held on November 7, 1984.

 Findings: The Board, after hearing upon the whole record and all evidence, finds that the parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended, that this Board is duly constituted by Agreement dated February 2, 1976, that it has jurisdiction of the parties and the subject matter, and that the parties were given due notice of the hearing held.
 Claimant, a Laborer, on the Decatur Division, had been employed some 11 1/2 years. He was notified following a formal investigation as follows:

        "As a result of the formal.investigation held at Decatur, Illinois on November 7, 1984, in connection with your being insubordinate with R. L. King at approximately 10:00 AM on October 12, 1984, at Mile Post 352.8 east of Bement, Illinois, in that you refused to comply with Foreman King's verbal instructions to you, to drive lag bolts at the above stated time and place following which you threw down your maul and walked off the job, You are hereby dismissed from all services of the Norfolk and Western Railway Company..."


Claimant was accorded the due process to which entitled under the discipline rule.
 There was sufficient evidence adduced to support Carrier's conclusion as to Claimant's culpability.
                                  pie 17&a


                        -2- Award No. 69


However, in light of Claimant's years of service, his service record, and the pleas made on his behalf by the Union, Claimant will be restored to service without pay and be placed in a probationary status for a 1 year period subject to passing the necessary return to service examinations.
 Award: Claim disposed of as per findings.
 Order: Carrier is directed to make this Award effective within
 thirty (30) days of date of issuance shown below.

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Christie, Employee Member S. C. Lyons, Carrier er

                rthur Van Wart, Chai man and Neutral Member


                Issued August 18, 1986.