Form 1 NATIOTvTAL RAILROAD IUJUS'J`I'~ENT BOARD Award No. 7620
SECOTiv DhTIS ION DocT>et No. 7398
2-CSJ-W-CM- t 78

The Second Division consisted of the regular meirioers and in addition Referee Robe:.°t A. Fxanden when award was rendered.

( System Federation No. 76, Railway Employes'

Department, A. F. of L. - C. 1. 0.

Parties to Dispwte: ( (Carmen)
(
( Chicago and North Western Transportation Company

Dis~;rzte: Claim of Trmployres:

1. Freight Car Welder Eugene Atwood was unjustly disrii.-sed from

service on February 2, 1976.

2. Freight Car Welder Eugene Atwood was erroneously charged witll

fa,iling to protect his a,ssignmment and leis xespons]-bility for !:-1:~

menacing remarks, gestures and boisterous talk t07-rwrd a sup°r^r.:o-

.

3. That the Chicago and rrozlcr~ ~:~estern Tran x;o.rtati on Comp any be

ordered to reinstate Freight Car Welder Eugene Ati~Tood with

seniority unimP:a,`L1ed, and compensate 1W ~~ for all time lost, plus. arty other benefits he would have been envi tl ed to had he re:ru:ined

in service.

Finds.nrls

' The Second Division of the Adjustment Board, upon the w1nol a recur d araJ. all the evidence, finds that:

The carrier or carriers and the e_ttrploye or ernployes involved in this dispute are respectively carrier and e_rnploye within the n:eaninV: of the Railway Labor Act as approved June 21., 1931+.

This Division of the t'ldjustmerlt T3c;a.rd has jurisdiction ozrer tlm di:>9w;;~: involved herein.

Parties to said dispute waived right of appearance at hearing uh.e.reon.

The claimant was dismissed fxorn the. service of the carrier for failing to protect his assignr:ent and for raa,::inJ r:enac;.ng ro:~ar?is, gestl.:J~es and talking with his supervisor in a boisterous manner.

The investigation was held in a timely manner pursuant to proper notice.
Form 1 Award No. 76''0
Page 2 Docket. No. 7;x'8
2-C&M~-Cr-s-' 78

The record clearly reflects that substantive evidence of probative value was .produced to support the charges. There is no question but t'nat the claimant acted toward his foreman in a threatening raar_tZer. This is a very serious violation for which dismissal is the proper discipline. We find no reason to overturn or alter the decision of the carrier.

A W A R D

Claim denied.

1VATIOT:AL RAILROAD ~.DJUS^1,:T=II BOhRD

By Order of Second Division

Attest: Executive Secretary
National Railroad Adjustment Board

~ ~ . _ f

By -Rosemarie'Brasch''-`,AcLr:inistrative<,_.'?ss~istant

Dated at Chicago, I11i-nois, this 21st day of July, 1978.