PARTIES Brotherhood of Maintenance of Way Employes
 _TO
 DISPUTE: and
 Louisville and Nashville Railroad Company
 STATEMENT 1. The dismissal of Welder Helper G. C. Abner
 _OF
 CLAIM: was without just or sufficient cause and wholly
 disproportionate to the offense with which
 charged.
 2. Claimant shall be reinstated with all
 benefits and remedies of Rule 27(f).
 FINDINGS: The record, consisting of testimony by Assist
 ant Roadmaster Palmer and.claimant's own testi
 mony, supports Carrier findings that claimant
 refused to comply with unambiguous and reason
 able instructions of his superiors and used in
 temperate language in doing so. Disciplinary
 action therefore was warranted.

X3103- '~wi~ `~

      There is evidence that after refusing to comply with the instructions, claimant then was proceeding to carry them out when the orders were countermanded.

      We will direct Carrier to offer claimant immed-. :-- - iate reinstatement with seniority rights unimpaired, but without

      back pay. ,

      AWARD: Claimant to be reinstated without back pay.

      Award effective within 30 days of adoption.

      Adopted at Louisville, Kentucky,

      'w'w"~'~ 1° 1979.

      c~

      H old M. We ton, Chairman


C r ier Member Employe Mem r