PARTIES TO DISPUTE:

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

 (1) The dismissal of Trackman T. G. Bartee was without just and sufficient c9use and wholly unwarran
(2) Trackman T. G. Bartee shall be returned to service with seniority and all other rights unimpaired and he shall be compensated for all wage lose suffered."

 OPINION OF BOARD: Mr. T. G. Bartee, the Claimant, was employed by the Carrier
 as a Trackman end was assigned to Extra Gang 858, when,
 about 3:00 P.M. January 22, 1979, after the crew had inspected a passing
 train, the Foreman, in a voice loud enough to be heard aver the noise of an
 operating backhoe, called the crew back to work pulling ties. Claimant took
 exception to the manner in which he and the crew were called and engaged in a
 vile and profane verbal attack on the Foreman which incident was witnessed by
 the Roadmaeter and Assistant Foreman who also became subject to the same verbal
 abuse. Claimant was suspended pending investigation and on January 24, 1979.
 was charged with violation of General Rules 17 and 18 of Carrier's Safety
 Rules for Engineering and Maintenance of Way Employees in that he used profane,
 indecent and abusive language and engaged in vicious and uncivil conduct toward
 his Foreman as well as being insubordinate.





Formal investigation was held on February 2, 1979, copy of the transcript was made a part of the record. A careful examination of the transcript reveals Claimant was given a fair and impartial hearing. Claimant's suspension from service was confirmed by dismissal on February 12, 1979.

 The evidence developed at the investigation confirms Carrier's charges that Claimant did use profane language and engaged in vicious and uncivil conduct towards his supervisors, and by doing so, was insubordinate.


The Board after thorough study of the entire record including the ramifications surrcunding the incident and the employee's record of only two letters of caution, finds and concludes that the penalty of three years without pay is sufficient. We, therefore, Award reinstatement without back pay but with all other rights and benefits restored. This decision should not be interpreted to indicate that this Board condones the use of profane language, the practice of ,mcivil conduct towards supervisors or insubordination by any employee, and for these reasons, we order that this Award be made part of the employee's personal record as a warning to him and to assist the Carrier in any future similar misconduct by this employee.

        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 involvfd in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 193+;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        That the discipline was excessive.


                      A W A R D


        Claim sustained in accordance with the Opinion.


                              NATIONAL. RAILROAD ADJUS=T BOARD

                              By Order of Third Division


ATTEST: Acting Executive Secretary
 National Railroad Adjustment Board

                                            ~~ cEmEo


y Marie Breach -`Administrative Assistant r1~ R 1(J ,~Jl~n c, s
 C . s~
 ~~°°3o Ciiice ~ d~
Dated at Chicago., Illinois this 10th day of March 19$.