(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (Seaboard Coast Line Railroad Company

(1) The dismissal of Trackman M. Pelham was without just and sufficient cause and on the basis of unproven charges 1System File 12-39(77-21)J/C-4(13)-r!_/.

 (2) Trackman M. Pelham be returned to service with seniority and all other rights unimpaired, the charges leveled against him be stricken from his record and he be reimbursed for all wage loss suffered."

 OPINION OF BOARD: Claimant, prior to his dismissal, was employed
 as a track laborer and assigned to Section
 Force 6511. He was removed from service on May 19, 1977, on the basis
 that while working on May 18, 1977, he was insubordinate to his
 foreman and threatened to strike him. A formal investigation was
 conducted on May 31, 1977, to determine the facts surrounding the
 incident on May 18. Claimant was present at the investigation and
 represented by officers of the petitioning organization.

 The Board has carefully reviewed the entire record, including the transcript of the investigation conducted on May 31, 1977. We find that none of claimant's substantive procedural rights was violated. There was substantial evidence presented at the investigation to support the charge. The f and was responsible for the work performed by the gang. The claimant was obligated to comply with the instructions of his foreman and then complain through the grievance procedure if he thought he was being mistreated.

 The Board finds no proper basis for disturbing the action of the Carrier, and the claim will be denied.


        FINDINGS: The Third Division of the Adjustment Board, upon the v record and all the evidence, finds and holds:


        That the parties waived oral hearlng;


That the Carrier and the Employes involved in this dims 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=Agraement was not violated.


                    A W .A it D


        Claim denied.


                        NATIONAL RAILROAD AIIJUSTMBNT BOARD

                        By Order of 'Third Division


ATTEST:
        Ibiacwttue Secretary


Dated at Chicago, Illinois, this 31st day of dnly 1979.
A