(Brotherhood of Maintenance of Way EMployes PARTIES TO DISPUTE:


STATE14LNT Or CLAIM: "Claim of the System Committee of the Brotherhood that:

 (1) The dismissal of Trackman Odell Givens for alleged 'Insubordinati, at M.P.1.43.8 on the Kankakee Branch at 9:30 A.M., September 13t 1978' and for allegedly 'Threatening bodily harm to Supervisors, September 14, 1978 at 6:15 A..' was without just and sufficient cause and unwarranted (System Docket 386).

 (2) Trackman Odell Givens shr_11 be reinstated with seniority and all other rights unimpaired, his record be cleared and he shall be compensated for all wage loss suffered."

 OPINION Or WARD: The record shows that claimant entered the service of the

 Carrier on September 20, 1976. At the time of the occurrence giving rise to the claim herein, claimant held a position of trackman on the Kankakee Branch, Chicago Division, Western Region.

 On September 15, 1978, the c:1_aimant was notified to attend a trial on September 22, 1978, on the charge:



The trial was held as scheduled and on October 4, 1978, claimant was notified of his dismissal from service for the offenses with which charged.

 A copy of the transcript of the trial, or investigation, has been made a part of the record. A review of the transcript shows that none of claimant's substantive procedural rights was violated. The trial, or investigation, was conducted in a fair and impartial manner. There was substantial evidence adduced at the trial to support the charges against the claimant, and there is no proper basis for the Board to interfere with the discipline imposed.
                        Docket. Niunbex PW_23883


        1'INDINGC: The Third ~)ivision of the Ad, ustmeat 1soard, upon the whole record and all the evidence, finds and holds:


        That the parties waived oral heari:.;;


That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within :he meaning of the Railway Labor Act, as approved dune 21, 1934;

 That this Division of the Adjustment Doard has jurisdiction over the dispute involved herein; .and

        That the Agreement was not violated.


                          A W ,1 U


        Claim den!_ed.


                              NATIONAL RAILROAD ADJLFBOARD

                              Py Order of Third Mvi:;Lon


00/
 ATMIT: _
 Executive Secretary

 Dated at Chicago., Illinois, this ? ath day of Jarmary 1982.

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