Award No. 27
 Case No. 36
 Docket No, 79-145
 Parties Brotherhood of Maintenance of Way Employees
 to and
 Dispute Southern Pacific Transportation Company
 (Texas and Louisiana Lines)
 Statement 1. Carrier violated the effective Agreement when Laborer
 of Wardell Taylor was unjustly dismissed in letter dated
 claim September 13, 1979.

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 tune Railway Labor
 Act, as amended, that this Board is duly-constituted
 by Agreement dated July 19, 1979, 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 the following letter from the Regional
 Manager Maintenance of Way dated September 13, 1979:
 "You are instructed by your foreman to be
 present for duty on September 8 and 9, 1979,
 and you failed to protect your assignment
 on these dates. Failure to follow the instructions
 of your supervisor is a violation of Rule
 801. Failure to protect your assignment is
 in violation of Rule M810.
 For your violation of these rules, you are
 dismissed from the service of the Southern



Thereafter, as requested, an investigation was held on October 11, 1979. Claimant was advised under date of October 18, 1979 that he would be returned to work on a leniency basis without pay for lost time. Ceneral Chairman Vanya refused to accept that decision. He requested pay for the time lost by Claimant beginning September 10, 1979 until he was reinstated on October 22, 1979.

 The Operating Rules cited, in part pertinent, read:

810. Employees must report for duty at the
 prescribed time and place, remain ac their
 post of duty, devote themselves exclusively
 to their duties during their tour of duty.
 They must not absent themselves from their
 employment without proper authority..."
 A thoatough review of the transcript indicates that that
 which appeared to be insubordination might very well ,
 have been a common misunderstanding of whether an instruction
 or simply advice was being given. Such arose because of
 the unclear or improper communication of the instructions
 by Claimant's Supervisor to work overtime. On the basis
 that Carrier will advise its Supervisors to make clear
 its instructions to the employees that when they are
 required to work overtime they are to so state and to
 not leave any doubt that the service of employee(s)
 involved are needed and that the matter is not optional.
 In such circumstances the discipline will be reduced
 to a twenty (20) day suspension and Claimant will be
 allowed pay for the time lost accordingly.
                                    gage 3


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.


M.A. Christie, Employee Member C. 8. Goyn , Carrier Member

-' thur T. Van Wart, Chairman

and Neutral Member


          Issued at Wilmington, Delaware, April 16, 1981.