Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28698
 THIRD DIVISION Docket No. MS-28982
 91-3-89-3-499
 The Third Division consisted of the regular members and in
 addition Referee Joseph A. Sickles when award was rendered.

 (James J. Springs PARTIES TO DISPUTE: (CSX Transportation, Inc. (former Chesapeake and ( Ohio Railroad Company)

 STATEMENT OF CLAIM:
"Wrongful discharge of employee, James J. Springs, February 7th, 1989, with loss of all seniority and other rights, including wages."

 FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

 The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934.

 This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Subsequent to an Investigation, the Claimant was terminated from service for refusal to perform work along with other employees, allegedly because of inclement weather. The evidence of record substantiates that the Claimant, in no uncertain (and descriptive) terms refused to perform his labor.

 At the beginning of the Investigation, the Claimant stated that he was ready to proceed and that he did not desire any witnesses in his defense. At a later point in the Hearing, the Claiman't'identified two individuals as potential witnesses who could confirm his testimony. But, he himself conceded that the two individuals did not want to "become involved."

 The Claimant could have arranged for the witnesses to be present and based upon this particular record we find no basis to conclude that the Carrier was remiss in







Attest: ,
 Nancy J~8 -Executive Secretary

 Dated at Chicago, Illinois, this 28th day of February 1991.