Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 8222
 SECOND DIVISION Docket No. 8198
 2-IC G-F O-' 80



Parties to Dispute: ( (Firemen & Oilers)

Dispute: Claim of fmployes:

        2, That accordingly, the Illinois Central G._Lf Railroad be ordered to return Laborer M. D. Lewis to work immediately with pay for all time lost since November 12, 1977, with restoration of full seniority and all benefits he would have been entitled to had he not been dismissed from service..


Findings:
The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

    The carrier or carriers and the employe or employes involved in this dispute

are respectively carrier and a mploye within the meaning of the Railway Labor Act
 as approved Jane 21, 193!+.

 This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

    Parties to said dispute waived right of appearance at hearing thereon.


Claimant is a Laborer who entered service on February 8, 1977. Because of his actions on November 11-12, 1977, the Claarant was suspended from se~:rice on Novemb er 12, 1977 pending investigation. There followed an extensive investigative hearing, after which the Carrier judged the Claimant guilty of four of the five charges against him and dismissed him from service on December 5, 1977.

 The Organization argues that the hearing was improperly conducted because the Claimant did not have the opportunity to cross-examine the Carrier's witnesses. The Board finds the investigative hearing record barren of anQr objection on this issue. Further, the record shows that Claimant's representatives exercised extensively the right to cross-exar.anati on, and there :gas no specific denial of the Claimant's right to do so if he had so chosen. The investigative hearing was conducted in a fair and proper manner.

 The charges forming the basis fox the Claimant's dismissal were failure to obey instructions of a supervisor; use of abusive language toward a supervisor; insubordinate action to*rard the Assistant i.:c.ster i·1echwnic; and "vicious" condzIc7C toward the Assistant Master Mechanic. Each of these was fu~-, explored at the investigative hearing,wiith the Claimant making some denials and some admissions,. The Board finds no basis on which to fault -the conclusions drawn by the Carrier that Claimant's actions on PTovenber 11-12, 1977 constituted unacceptable conduct as an employe.
 Form 1 Award No. 8222
 Page 2 Docket No. 8198
 2-ICO--FO-' 80

    Under the circtmstances, the withholding of the Claimant from service pendi _ng

the investigation was appropriate, and the penalty of dismissal was reasonable, in
 and of itself. As additional support for the severity of the penalty, the
 Claimant's numerous and frequent instances of previous disciplinary action would
 lend support, if needed.

                          A W A R D


    Claim denied.


                              NATIONAL RAILROAD ADJUSTMENT BOARD

                              By Order of Second Division


Attest; Executive Secretary
 National Railroad Adjustment Board

 By .- ,~. /
 ,,-~dsemarie Brasch - Adzu.histrative Assistant

 Dated /at Chicago, Illinois, this 9th day of January 1980.