(Brotherhood of Maintenance of Way Employee 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 E. C. Gibson was without ,just and. sufficient cause and wholly disproportionate to the offense with which charged. (System File 6.4(13) -ECG/12-39(79-31) J)

 (2) Trackman E. C. Gibson shall be reinstated with seniority and all other rights unimpaired and he shall be compensated for all wage loss suffered."

 OPINION OF BOARD: Claimant E. C. Gibson,, employed as trackman by the Carrier.,
 with 42 years service, was regularly assigned to Section
 Force 8106, headquartered at Cuthbert, Georgia. Claimant was absent from work
 on January 24, 1979, and was instructed to report to the Roadme.ster's office
 on January 27, 1979, which he did and was instructed to acknowledge understanding
 of a letter he was handed by signing his name to a place provided thereon. The
 letter, dated January 27, 1979s reads as follows:







Claimant refused to sign the letter after two requests by the Roadme,ster. on January 29, 1979, Claimant was removed from service and charged with insubordination. He was ordered to report for a hearing on February 6, 1979. After the hearing which was held as scheduled, Claimant was dismissed from service. A copy of the transcript of the hearing was made a part of the record, a review of which shove that none of Claimant's substantive procedural rights wen violated.

 Claimant contended he did not sign the letter in question because he understood from a previous similar experience that he would be removed from service if he received another letter of caution such as the one he refused to sign.

 While on the surface dismissal seems to be extremely harsh penalty for merely refusing to sign a letter of caution, however, in determining the degree of punishment to fit the crime it has been the history of this Board. to give considerable weight to the employe's personal record. This employe's record. clearly ,justifies Carrier's decision of permanent dismissal. In his four and one half yearn oaf service with thin Carrier Claimant was absent without proper authority o 13 days, was arrested sad found guilty of assault on a female, found guilty and jailed for failure to provide child support. He had received numerous letters of caution and as a result of a hearing he received a reprimanding letter. The record clearly shows Carrier has been extremely lenient towards this employs and gave him many opportunities to bring his conduct within compliance with (terrier's rules, but this incident proved to be the last straw that broke the camel's back. The Board will not disturb the discipline assessed.

        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 is 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.

                    Award Number 23586 Page 3

                    Docket Number MW-23496

                    A W p R D


        Claim denied.


                          NATIONAL RAILROAD AD7US2,4ENT BOARD

                          By Order of Third Division


Attest: Acting Executive Secretary
 National Railroad Adjustment Beard

 BY
 Rose a Breach - Administrative Assistant

 Dated at Chicago Illinois this 10th day of March 19a-''.