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        PARTIES Brotherhood of Maintenance of Way Employes

        _TO

        DISPUTE: and

        Louisville and Nashville Railroad Company

        STATEMENT 1. The dismissal of Track Repairman J. Johnson

        _OF

        CLAIM: was without just or sufficient cause and ex

        tremely disproportionate to the offense with

        which charged.

        2. The hearing held on May 19, 1977 was neither

        fair nor impartial and it is without force or

        effect because of Carrier's failure to "state

        the known circumstances involved" within the

        notice of investigation submitted to claimant

        as explicitly required in Clause 15 of Appendix

        No. 27 (Agreement page 203).

        3. Claimant shall be restored to service with

        all benefits prescribed in Rule 27 (f).

a3~3-:~Wr~ !8
 FINDINGS: The record contains credible evidence, consist-
 ing of testimony by Assistant Foremen Grace
 and Buttrell, that claimant refused their direct
 and unambiguous orders to pull spikes. So far
 as the record indicates, pulling spikes was
 properly within the scope of claimant's assign
 ment. The fact that he felt that he should
 have been given different duties such as handling
 a crane does not excuse claimant's refusal to
 obey the orders of the assistant foremen.
 There is no evidence that claimant was deprived
      of due process or that Carrier committed reversible procedural

      error. The notice that he had been relieved from duty for in

      subordination was issued on the day of the incident in question

      about four hours after it occurred. It does not appear that

      claimant was confused or misled as to what the discipline was

      based on or was handicapped in the preparation of his case. He

      was accorded a hearing on due notice, was well represented

      throughout the proceedings and given a fair opportunity to pre

      sent evidence and to cross examine.

      While it appears that claimant had been dis

      missed on a prior occasion for insubordination, we are of the

      opinion that he should be given another chance to show that he

      is a cooperative employe. We will direct Carrier to offer him

            ' 3


!03(03-Awo /3

      immediate reinstatement with seniority rights unimpaired but without back pay. The loss of time will serve as a reminder to him and other employes that they must comply with direct orders; if they feel that those orders are erroneous, their remedy after immediate compliance is to utilize the orderly grievance machinery of their Agreement.

      Claimant is clearly not entitled to back pay because of his outright refusals to perform the work assigned to him. The fact that his dismissal did not take place until some four hours after the fact did not prejudice his case in any respect.


AWARD: Claimant reinstated without back pay. Award
 to be effective within 30 days of its adoption.
 Adopted at Louisville, Kentucky,~ny `7l 1980 .
 -Hal d`~I. Weston, airman

 i
 Carfi$r Member mploye Memb