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

(1) The removal from service of Track Laborer Levers Brown on December 23, 1975 and the subsequent assessment of 'twenty-six (26) days off including Saturdays and Sundays and Holidays' was without just and sufficient cause and on the basis of unproven charges (System File TRRA 1976-8).

 (2) The charge shall be stricken from the claimant's record and he shall be allowed payment for the monetary loss suffered (Agrt. Rule 24-d)."

 OPINION OF. BOARD: Claimant Levern Brown was disciplined by suspension
 of twenty-six days following a hearing on a charge
 of insubordination which resulted from an encounter between him and his
 Supervisor on December 23, 1975.

 Careful review of the entire record in this case convinces the Board that Claimant has received all the due process rights to which he is entitled under the Rules Agreement. The hearing record contains substantial evidence to support the conclusion as reached by the Carrier that claimant by his attitude and actions was insubordinate. The discipline as assessed was not unreasonable or capricious.



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 aver 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: ~~ ~~/Q~
        Executive Secretary


Dated at Chicago, Illinois, this 30th day of June 1978.

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