-4W-aaa Award No. 16948
 Docket No. CLX-17730





PARTIES TO DISPUTE:

BROTHERHOOD OF RAILWAY, AIRLINE AND STEAMSHIP

CLERKS, FREIGHT HANDLERS, EXPRESS AND

STATION EMPLOYES


STATEMENT OF CLAIM: Claim of Railway Express Agency, Inc. that the Agreement Governing Hours of Service and Working Conditions between Railway Express Agency, Inc. and employes thereof represented by the Brotherhood of Railway and Steamship Clerks, Freight Handlers, Express and Station Employes effective January 1, 1967 was not violated when Railway Express Agency dismissed Ira M. Riden from its service at East St. Louis, Illinois, effective April 4, 1967.


OPINION OF BOARD: This is a discipline case. The Claimant was dismissed from Carrier's service following investigation on charges of violating Company's Rule 64 by being insubordinate to his supervisor when he instructed Claimant on March 23, 1967 to go back to a consignee and collect C.O.D. charges; also violated Company Rule 70 (a) by using vulgar and abusive language to his supervisor in the presence of two employes when his supervisor instructed Claimant about the C.O.D. charges.


We find that the Claimant had a fair and impartial hearing and that the charge of insubordination was justified. This Board has consistently found that insubordination will support the discipline of dismissal, especially where, as in the present dispute, the fact of insubordination is clearly established and admitted by the Claimant. (See Awards 16704-Devine, 16074-Perelson, 16637-McGovern, 10113-Daly, among others.)


Claimant was also found guilty of using vulgar and abusive language to his supervisor, in the presence of two employes, while on duty. This Board has also upheld the right of a Carrier to dismiss an employe for the use of profane language. (See Awards 4326-Elkouri, 8894-Johnson, 15369-Lynch, among others.)


Therefore, the Claim of the Carrier that the Agreement between the parties was not violated when it dismissed Claimant from its service, effective April 4, 1967, must be sustained.


FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:



That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and







Dated at Chicago, Illinois, this 6th day of February 1969.

 Keenan Printing CO., Chicago, Ill. Printed in U.S.A.
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