(Brotherhood of Maintenance of Way Employee PARTIES TO DISPUTE:

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

 (1) The dismissal of Trackman Eric Merriweather was excessive and wholly disproportionate to the offense with which charged (System File s 310-285).

 (2) Trackman Eric Merriweather shall be allowed the remedy prescribed is Agreement Rule 12 1(e)."

 OPINION OF BOARD: Claimant Eric Merriweather, a Trackman$ received a
 Notice of Investigation in connection with his alleged failure to comply with the instructions of a General, and as Assistant Foreman, and "for using profa 29, 1979..." An investigation was held on March 7, 1979 and Claimant was dismissed fry service on March 9, 1979·

 A review of the record before this Board establishes that Claimant received a fair and impartial hearing, and further establishes that on January 29, 1979 he refused to perform his work assignment despite directions from his supervisors, used abusive language, and made threats of physically harming a Foreran. There was substantial evidence to sustain the Carrier's decision to discipline Claimant for these serious infractions. Given Claimant's five months is servi infractions on that day, the penalty of dismissal is reasonable.



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








                        By Order of Third Division


ATTEST: Acting Executive Secretary
 National Railroad Adjustment Board

 By
    oBe ie Rrasch

      Be Brasch - Administrative Assistant


Dated at Chits '\
          gos Illinois this lath day of September 1982.


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