Parties Brotherhood of Maintenance of Way Employees
to and
Dispute Union Pacific Railroad
(Former Missouri Pacific Railroad Company)

Statement
of Claim: (1) Carrier violated the Agreement, especially Rule 12,
when Traclanan J. L. Porter was dismissed from service on
August 22, 1989.

        (2) Claim in behalf of Mr. Porter for wage loss suffered beginning July 28, 1989, until reinstated with seniority, vacation and all other rights unimpaired.


        Findings: The Board has jurisdiction by reason of the parties Agreement establishing this Board therefor.


        Claimant Trackman, J. L. Porter, was dismissed from service following a formal investigation, held on the charge of conduct unbecoming an employee on the charge that he was insubordinate and quarrelsome to his supervisor for not complying with instructions issued to him on July 27, 1989 to load water coolers and distribute same among the gang.


        The circumstances of this case are such that Claimant will be reinstated to service without pay for time out of service subject to his passing the necessary physical examinations. The time out of service should be a constant reninder that he must obey instructions from his supervisor and if he believes such instructions to be improper, or contrary to his agreement, then he should file a grievance thereon.


Award: Claim disposed of as per findings.
Order: Carrier is dire ted to make this Award effective within
thirty (30) of date of iss nce sho below.
s
. A. aIfI110n5, Jr./ mployee Member D. 'ng, Ca ie Member

'Arthur T. Van art, Chairman

and Neutral Member


Issued January 25, 1991.