Parties to said dispute were given due notice of hearing thereon.

After an Investigation, the Claimant received a five-day suspension by letter dated August 4, 1999 for uncivil deportment and conduct.

The record shows that on June 24,1999, Assistant Manager M. Lozano attempted to give and have the Claimant sign a "STOP" (Safety Training Observation Procedure). According to Lozano, the Claimant refused to sign and told Lozano that " . . . you can shove it up your ass." Manager S. Berkshire heard the Claimant make the comment. When asked if he made the comment, the Claimant did not deny doing so, but testified "Not that I remember."

Substantial evidence supports the Carrier's determination that the Claimant engaged in misconduct. Assistant Manager Lozano and Manager Berkshire corroborate each other that the Claimant told Lozano to " . . . shove it up your ass" when Lozano attempted to give the Claimant a STOP. We take particular note that the Claimant did not deny making the comment, but only stated that he could not remember doing so.

Under the circumstances, we cannot find that a five-day suspension for the demonstrated misconduct was arbitrary.

The Organization focuses upon the STOP as discipline issued without an Investigation. However, it has been held that a STOP is not discipline. See Second Division Awards 13401, 13501, 13538, 13539, 13602. In any event, the Claimant's disagreement with the Carrier's determination that a STOP was in order should have been confined to the orderly processes of the dispute resolution procedure rather than advising the issuing Carrier Official where he should place it.

The Organization's other arguments are similarly unpersuasive to change the result.

AWARD