(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (The Alton and Southern Railway Company

(1) The dismissal of Trackman E. Dinwiddie was without just and sufficient cause and extremely disproportionate to the offense with which he was charged (System File A&S 1976-3/K 1638-51).

 (2) The Carrier shall now restore Claimant Dinwiddie to service with all seniority rights unimpaired and with pay for all time lost.

 OPINION OF BOARD: The record, as reflected by transcript of
 investigation on the basis of which Carrier found,
 Claimant guilty of the charges and assessed the discharge penalty
 which is now being appealed in these proceedings, shows:

 1. On December 10, 1975, Claimant repeatedly failed to obey proper and performable instructions issued by an authorized superior.

 2. Upon further instructions to apply himself to work, relayed from Roadmaster via Foreman, Claimant characterized the Roadmaster, to those standing around him, by a foul epithet. When the latter questioned Claimant concerning this statement, he denied making it. This was followed by Claimant's additional refusal of an order from Roadmaster to apply himself to work.

 It is our decision from the facts of record that Carrier was justified in concluding that Claimant was guilty of insubordination and the use of foul language towards his sv-pervisor. We find no basis for intruding on Carrier's judgement that the penalty of discharge was appropriately within its rights of disciplinary action therefor.

 FINDINGS: The Third Division of the Adjustment Board, upon the whole
 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 jurisdiction over the dispute involved herein; and

        That the Agreement was not violated.


                    A W A R D


        Claim denied.


                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        By Order of Third Division


ATTEST: /·1
 Executive Secretary

 Dated at Chicago, Illinois, this 31st day of May 1978.

 C ~`%` 07q
        -1)

JUN 9 iJ91 P/