(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:(Louisville and Nashville Railroad Company

(1) The dismissal of Track Repairman W. _H. Goatley was unwarranted and without just and sufficient cause /System File 1-9 (57)/ D-105891 E-306-9/

 (2) Track Repairman W. H. Goatley be reinstated with seniority and all other rights unimpaired and he be compensated for all wage loss suffered.

 OPINION OF BOARD: This is a discipline dispute in which Claimant was
 dismissed from service for allegedly being insubor
 dinate, profane and threatening towards his foreman.

 In disputes such as this, the Board is limited in its review, assuming.. no procedural contentions, to in effect two areas: was there substantial evidence in support of the Carrier's conclusions, and secondly, was the discipline assessed appropriate or was it arbitrary and capricious. We may not, of course, make any findings with respect to credibility as that prerogative is solely in the hands of the hearing officer, and must be accepted.

 In this case, a review of the transcript of the investigation indicates that there was substantial evidence to support Carrier's contentions with respect to Claimant: his actions were far from acceptable under any standards. The first standard, therefore, has been met. With respect to the measure of discipline imposed, there is no indication that it was arbitrary or capricious. This Board has frequently held that discharge is not inappropriate in cases involving insubordination or altercations with supervisors. We find no basis for disturbing the discipline in this instance.





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

        That the Agreement was not violated.


                    A W A R D


        Claim denied.


                          NATIONAL RAILROAD ADJUSTHIENT BOARD

                          By Order of Third Division


ATTEST: 141. 41"l,"
        Executive Secretary


Dated at Chicago. Illinois, this 31st day of August 1977.

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