SPECIAL BOARD OF, ADJUSTMENT NO. 280

Award No. kE4- 138 Case No. 214 PARTIES TO DISPUTE; St. Louis Southwestern Railway and Brotherhood of Maintenance of Way Employees

STATEMENT OF CLAIM:

"I. Carrier violated the Maintenance of Wav Agreement, especially but not limited to Rule 6 - Discipline and Grievances, when it dismissed a welder helper improperly, unjustly and unwarranted on Welding Gang r26 on March 17, 1976.

"II. Welder Helper Mr. Willie O. Wilson be
reinstated with seniority, vacation, and
all other rights unimpaired, with pay for all
time lost beginning March 18, 1976." -
FINDINGS:
Claimant, an employee of two years, was charged with insubordination as a result of a refusal to perform service after being instructed to do so by his Foreman. After investigation and hearing, Claimant was dismissed from Carrier's service.
After reviewing the record, the Board finds that the substantive evidence of probative value supports Carrier's determination of culpability. The Board further finds, however, that dismissal, under the circumstances,-was excessive. Accordingly, Claimant shall be reinstated with seniority unimpaired, but with no pay for time lost.

(Cont'd)

Award No. 13$

saR 261D

Carri Member

AWARD

Claim disposed of per findings.

Neu al Member

Organization Member