(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (Terminal Railroad Association of St. Louis

(1) The dismissal of R. E. Cochran for alleged insubordination was excessive and wholly dispropo offense with which charged (System File TRRA 1976-31).

 (2) Mr. R. E. Cochran be reinstated with seniority and all rights unimpaired and he be compensated for all wage loss suffered.

 OPINION OF BOARD: This Board has consistently looked askance at
 willful acts of insubordination, absent some
 compelling extenuating circumstance to mitigate the ultimate Denaltv
 of dismissal. We realize the importance of reasoned but
 justified compassion, when the particulars of a discipline case
 warrant the tempering or reversal of a harsh disciplinary imposition.
 But we are also clearly mindful. of the public policy imperatives of
 the railroad industry. We will eschew detailing a litany of case law
 underscoring the need for prompt and efficient execution of directives,
 orders and commands and note instead the ready availability of con
 tractually provided grievance adjustment machinery to resolve disputes.
 We have long held that failure to obey a supervisory direction is a
 serious offense.

 After reviewing the record against the parameters of established Third Division holdings, we find sufficient probative evidence to sustain the charge of willful insubordination. Claimant's contentious disposition and refusal to obey his supervisor's instructions "to sit down" and remain " would certainly create a lax disciplinary atmosphere ill conducive to this industry.


We find no mitigative or other special urgency that would show that the supervisor's actions were impermissible or explicitlycontributive of claimant's insubo recognize this Division's language standards and are familiar with the distinction of appropriate environmental language usage, but we must distinguish between the language issuing out of an argument between a supervisor and a subordinate, as in the instant case, sad the normal utterances of adjectival vulgarities in a routine work setting.

 It appears from the record before the Board that the charge of insubordination against claimant was precise; that substantial evidence given at the inves sustained the charge of insubordination; that claimant was accorded a fair sad impartial hearing on appeal; and that the carrier has neither been arbitrary nor capricious nor abused its discretion. Therefore, the claim must be denied.

 FINDINGS: The Third Division of the Adjustment Board, upon the whole

      a.

        record and all the evidence, finds and holds:


        That the parties waived oral hearing;


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 sdiction
 over the dispute involved herein; and
 The Agreement was not violated.
 /,r.`e°

        A W A R D LAAi\ 2 7 19978

        Claim denied. J


                        NATICIIAL RAILROAD AD

                        By Order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago, Illinois, this 15th day of March 1978.