PARTIES TO DISPUTE:
                  Seaboard Coast Line Railroad Company


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

 (1) The dismissal of Trackman John Brown, Jr. for alleged vicious and uncivil conduct was without just and sufficient cause (System File C-4(13)JB/12-39(78-25) J).
 (2) Trackman John Brown, Jr. shall be reinstated with seniority and all other rights unimpaired, his record be cleared, and he shall be compensated for all wage loss suffered."

 OPINION OF BOARD: The Claimant, John Brown, Jr., a Trackman, entered the service
 on March 30, 1970. A hearing was held on May 18, 1978 in
 connection with the Charge that Claimant had violated Rule 18 of the Seaboard
 Coast Line Railroad Company Safety Rules for Engineering and Maintenance of Way
 Employes concerning vicious or uncivil conduct. On May 25, 19'(8 Claimant was
 given written notification of dismissal by the Division Engineer.

 An examination of the record by the Board establishes that Claimant# on May 8, 1978, acted in a manner which seriously menaced a fellow employe in violation of Rule 18. There was substantial evidence to sustain Carrier's decision to discipline Claimant. In view of Claimant's prior record, including a 30-day suspension in 1977 for violation of the same Rule, dismissal is reasonable.

        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.

                    Award Number 23443 Page 2

                    Docket Number MW-23230


                        NATIONAL. RAILROAD ADJUSTMENT BOARD

                        By Order of Third Division


Attest:
        Executive Secretary


Dated at Chicago, Illinois, this 3rd day of November 1981.

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