S·



                    Public La,-,q Board No: 2353


      PARTIES Brotherhood of Maintenance of Way Employes

      _TO

      D I S'PUTE : and

      Louisville and Nashville Railroad Company

      STATEMENT 1. The dismissal of Track Repairman D. R. Davis

      OF

      CTAIM: was without just acid sufficient cause and on the

      basis of unproven charges.

      2. Claimant Davis shall be returned to service

      and afforded 311 the other benefits and remedies

      prescribed in the first paragraph of Rule 27(f).

      FINDINGS: Claimant is one of four employes who ware in

      structed by their foreman on Friday, July 1, to

      report for overtime work on Saturday and Sunday,

      July 2 and 3 in order to assist in unloading

      welded rail of about 1,320 feet in length. Car

      rier was concerned, not unreasonably, that unless

      the rail was unloaded, City ordinances against

      blocking street crossings might be violated.

                                                        2


` a3 ~3- ~a~a a-y
        Claimant raised no objection when the instructions were issued and has not presented any persuasive reason for not working on July 3 (he did report and perform service on July 2) or notifying Carrier that he would be absent.

        Discipline is clearly warranted under these circumstances. However, dismissal is excessive. We will. direct Carrier to offer claimant immediate reinstatement: with seniority rights unimpaired but without back pay. .


        AWAIRO:. Claimant reinstated withoutback pay. Award


                      to be effective within 30 days of adoption.


                      Adopted a:= Louisville, Kentucky, January 3 D, 1980.


                        aCOld M. Westdn, Chairman


r ier Member Employe Me er