(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (The Kansas City Southern Railway Company

 STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

 (1) The dismissal of laborer C. L. Ford was excessive and wholly disproportionate to the offense with which charged (Carrier's File 013.31-192).

 (2) Laborer C. L. Ford shall be returned to service with seniority and all other rights unimpaired and he shall be compensated for all wage loss suffered."

 OPINION OF BOARD: C. L. Ford, claimant, was a track laborer on Extra Gang 491
 when he was discharged from service on January 31, 1978,
 for insubordination. A hearing was held into the matter. As a result, Carrier
 upheld his discharge. The stenographic record of that hearing has been made
 a part of the record of this case. A review of it reveals that claimant was
 not denied any of his substantive procedural rights and that a full and fair
 hearing into the matter was held. Claimant was not present at the hearing,
 even though he was properly notified of its time and place. He was repre
 sented by a union official.

 A review of the record clearly indicates that claimant was guilty of insubordination and using vulgar language to his foreman and assistant foreman. This action, by itself, is grounds for severe discipline, up to and including dismissal from service. When this incident is viewed in light of claimant's past work record, it is clear that discharge from service is the appropriate penalty.

 In just two years of employment with Carrier, claimant has been reprimanded, suspended, dismissed, and reinstated on a leniency basis and finally dismissed a second time for insubordination. Carrier has made every effort in an attempt to make a worthwhile employe out of claimant. Its efforts have been exhausted. It is the opinion of this Board that Carrier was justified in discharging claimant.


        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 iimolved 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: Executive Secretary


        Dated at Chicago, Illinois, this 15th day of August 1980.