This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
The record in this dispute reveals a history of stormy relations between Claimant and one of his co-workers. Therefore, on January 19, 1996, Carrier officials held a meeting with the two employees to discuss the application and impact of the Carrier's Rules regarding verbally abusive behavior.
Carrier officials received reports that Claimant engaged in such conduct again on January 24-25, 1996. Following an Investigation held on January 31, Claimant was dismissed from further service with the Carrier.
The Organization challenged the discipline on both procedural and substantive grounds. Among its procedural objections is the contention that Claimant did not receive a fair and impartial Hearing in that he was pre-judged. Additionally, the Organization asserted that the testimony of Carrier witnesses was collaborative and rehearsed.
Our review of the Hearing transcript reveals no support for the Organization's procedural objections. We find no impropriety in the handling of the Hearing.
The record also contains substantial evidence in support of the charges. Not only did Claimant repeatedly use abusive language, he did so after being asked to stop.
Moreover, he did so after clear and specific warnings to the contrary at the January 19, 1996 meeting. Given Claimant's demonstrated unwillingness to restrain himself from engaging in such misconduct, despite the warning, we do not find the Carrier's decision to terminate his employment to be unreasonable.
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) not be made.