(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (National Railroad Passenger Corporation

(1) The suspension of thirty (30) days imposed upon Truck Driver M. G. VanLandingham for alleged violation of Rule 'J' and his dismissal for alleged violation of Rules 'V', 'H', and 'I' were without just and sufficient cause and on the basis of unproven charges.

 (2) Truck Driver M. G. VanLandingham be reinstated with seniority, vacation and all other rights unimpaired, his record be cleared and he be compensated for all wage loss suffered.

 OPINION OF BOARD: Pursuant to notice and investigation properly
 held Claimant was suspended from the service of
 the Carrier for 30 days for violating Amtrak rules of conduct I and
 J. For violations of Rules V, H and I Claimant was dismissed from
 service. Rule I deals with insubordination, Rule J with conduct
 among employes, Rule V with the use of the Company's credit and care
 of found property and Rule H with caring for Company property.

 We have examined the record and carefully reviewed the transcript of the investigation. We find that the evidence presented supported the charges made and that the suspension and dismissal were warranted. The Claimant's verbal altercation with his foreman, his failure to follow instructions and use of the company account to purchase a battery were well substantiated. We find no reason to disturb the discipline.

 FINDINGS: The Third Division of the Adjustment Board, after giving
 the parties to this dispute due notice of hearing thereon,
 and 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



        Claim denied.


                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        By Order of Third Division


ATTEST: ZIW~1'61 9AZ
        Executive Secretary


Dated at Chicago, Illinois, this .12th day of May 1978.

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