Parties to the Dispute
PUBLIC LAW BOARD NO. 5396

BROTHERHOOD OF MAINTENANCE

OF WAY EMPLOYES

and


SOUTHERN PACIFIC TRANSPORTATION

COMPANY

(Western Lines)


STATEMENT OF CLAI1
That the Carrier violated the current Agreement when it dismissed Track Laborer R.C. Anagal. Said Action being excessive, unduly harsh and in abuse of discretion.

 That the Carrier now reinstate Claimant to his former Carrier position with seniority and all other rights restored unimpaired, with pay for all loss suffered, and his record cleared of all charges.

 FINDINGS
PLB Case No. 7

 NMB Case No. 7

 Track Laborer R.C. Anagal was cited with having failed to comply promptly with instructions issued by his Foreman on February 20, 1991, to cease the work he was doing, . retrieve a sledge hammer from a truck, and set rail anchors.

Claimant's explanation for why he did not comply given.at an investigation held on February 22, 1991, was that he thought the Foreman was joking. This Board is not persuaded by this explanation. Claimant's actions constituted a violation of rules 600 and 607 and thus discipline was warranted.
 Despite Claimant's very poor work record within a short
 period, this Board believes that he is deserving of a final
 chance to prove that he can be a reliable and cooperative
 employe. We therefore direct that he be returned to work on
 a last-chance basis. Claimant should be aware that
 repetition of his actions here will most assuredly result in
 his final separation from service.
 AWARD




C.F. Foose, Employe Member J~ Martin, Carrier Member

Date of Approval