Parties Brotherhood of Maintenance of Way Employees

 to and

 Dispute Norfolk and Western Railway Company

 Statement That the Claimant L. J. Craft be paid for all time lost, at
 of his applicable Section Laborer's rate of pay for being unjustly
 Claim removed from service for 60 days.
            i

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 March 1, 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 received a sixty (60) day actual suspension as a result of his acts of horseplay and his insubordination towards Foreman L. C. Jones on June 29, 1977. A formal investigation in connection therewit~- was held on July 29, 1977 and as a result Carrier concluded that Claimant was guilty and had violated Safety Rule 1004 and Operating Rule 427.


          Safety Rule 1004 reads:


                "Scuffling, horseplay, practical jokes, and all conduct of a similar nature, while on duty or on compady property, is prohibited."


                Operating Rule 42,7 provides:

r- Award No. 28 -183
                                                Page 2


                "Net;! i;-,vncc· in It :CudLinp Company business, sleeping on duty, willful neglect u( duty, viciousness, dishonesty, insubordination, dAsLoyalty, giving false statuments or concealing facts concerning matters under investigation art? sufficient cause for dismissal."


The Board finds that Claimant was properly handled in accordance
 with the Discipline Rule 33 - Discipline and Grievances - and,
 that there was sufficient evidence to support the conclusion
 reached by Carrier. However, in the circumstances herein the
 discipline assessed was excessive. We find that thirty (30)
 days actual suspension would have been sufficient.
 Award Claim disposed as per findings.
 Order Carrier is directed to make this Award effective within
 thirty (30) days of date of issuance shown below.

      A. D. Arnett, Employee t:: C. Edwards, Carrier Member


A. bur T. Van Wart, Chairman

and Neutral Member


Issued at Salem, Sew Jersey, December 27, 1979L.