SPECIAL BOARD OF ADJUSTMENT N0. 280


PARTIES) Brotherhood of Maintenance of Way Employees

 TO ) and

 DISPUTE) St. Louis Southwestern Railway Company

 STATEMENT OF CLAIM:

 Laborer Grant Miller be reinstated with all rights restored and pay for time lost.

 FINDINGS:

 Claimant was charged with failing to perform his duties proper=y, being insubordinate, and with entering into an altercation with his foreman. After investigation and hearing, Claimant was dismissed from Carrier's service.

 A review of the record, particularly the transcript of hearing, shows that Claimant was culpable. However, in view of Claimant's record of no prior discipline, the Board is of the opinion that dismissal from service was too harsh. Accordingly, Claimant shall be reinstated to service with seniority unimpaired, but with no compensation for time lost.

 AWARD: Claim disposed of per findings herein.

        ORDER: Carrier is directed to comply within thirty (30) days of the date of the award.


                    ~~t: 4

              Nicholas H. Zumas,% eutral Pember


M. L. Erwin, Carrier Member A. J. nning am,;'Employee Member

      DISSENTING


Tyler, Texas
 October 30, 1975