1. That the dismissal of Northern Division Trackman R. G. Beard
was unjust because it was not supported by substantial evi6ence and
even if substantial evidence was introduced on record that proved
the claimant muilty of alleges rule(s) violation, permanent dis
missal from eervice is excessive and harsh discipline .

2. That claimant Beard be reinstated to service with seniority,
vacation, all rights unimpaired and pay for all wage loss beinning
December 21, 1931 continuing forward and/or otherwisem,ade %hole.

FINDINGS: This Public Law Board No. 1582 finds that the parties
erein are Carrier and Employee within the meaning of the Railway Labor Act, as amended, and that this Board has jurisdiction..

In this dispute the claimant was charged with entering into an altercation and threatening Foreman D. L. Wells on November 4, 1981 at South Street Crossing, Wynnewood, Oklahoma. An investigation was held, and pursuant to the investigation the claimant was found guilty and was dismissed from the service of the Carrier.

On November 4 a student foreman sent the claimant and another employee to get some 'axle grease and ten track bolts. They returned with the bolts and resumed work when Foreman Wells took C. R. Williams and the claimant to- the company truck. The-claimant contends that Foreman Wells instructed them to go with him to get a blood test, and Foreman Wells testified that he simply requested them to accompany him to the Wynnewood Depot where he could obtain instructions from a supervisor regarding how to handle the matter.

When Foreman Wells, C. R.Williams and claimant Beard approached the truck, apparently the claimant became enraged andNPANÃњ:N2|T"AC+#p` 1NAA,&_`\CF? F3sF6Ec] #p? &#f0\80x?&AxX0_`0LE?%a8#pg G6@3``.0 B6Ad(W8~RnE8]䜊\W_r8i+ `6B)S Olpޚl?Xi~*/!7[VMa}WAJ+HB'3a(A'bc4`fhH" 0_0A!h8 ϤBN (gA?| b b*m?LBb9ABPD _0@F(D3x1a !HwE `)w3t! eGl?$#4dv =$/ADG :2ǐ6 ; ?JDY? ' SCod-AhOJk_=-a)|BTfCHr'-6CF{! ddd1d|+o^!9evA;dqmGƲg*eO7~@ƙ~WN#gjP@hAgh"@ f#mnx2~ ȑ# !dyr~lC1  jF0ÛFt"铂8ama#aF0b d03 #4{d"P#dE8:.5@N#d*ma7(;$3"8?":00 06Ēpd ޤp۶h H7 t  fͶ?0#c -G6 I 8ߧI*O~Em_l3BC 0Aת_KWWok [&p+̿BE_/%7T.;6 `1 f-oak8qd_+4 LFs`oٮ`4:\j( WG/0!=zlwI"ɹo_D ^ >M&?jr-jUZDȎ[_zcb c`:Faoeh.3k{X)&cMalPf i/MA?"?PJM_wM!I6)A&f@b3b0@=!EI(AE80 00g&!CN8@_ PAmpG3v A"-/"d"?@aG 2DG xd 2C?PY 8@@< 2@G< A[O<2QAIB?<4 6?7 @ #!3 Q7!9̼@ xj.CcA2>|'K~Jd52orG.9 Ľ _/dy <3 ^#9T%$!s?'2D?>?P$ y?9?d>]\쩐!B|~ <3#ˀ0xFc06L'06aA #l2$">Ȝkm *ȼ] a@(3aOL#Ȱv!,C%dnтAx8? 3 ]4lG"B.G0 8lٰg/6A`:A A1:/JCkI3Y8`6Aah n{Ât0݂ qmt6z{lBM iZMbM=a fEK?Aum$[WK?؎]YZ]E >] 00|I__⸦ i\Az!+uiFQG-_?lA0`M͂Ř,MȮ?#M0!8r S7\?yWq`zW" Eˏ\`3_?dA!:UMa I?6Ds9k;GnO2O֪wK+l 'r kƛ_a D08 9@aN f sL0L'D"t 1O!@g⁚b0HSa! Bbb@(8f4V g2, @1 vS!'sGvtB&\A4BLe@"""2#1_AǘD#"?X!q""x#H*#2J~Sg5MHY =a;G<3PC7y 3<5= Y $<>t!x#ALfh!O!C0~|92h%2S> D*d! ;rFޑx8P$ ѵs6"@Eȡso kG ٗ#l2xV? `@F\AfɠPr8A 6A? FrA Ȱ0M 0A/oB00,#K N.!_6RB/HlB6F"iAor the, referee to overrule the decision of the Carrier.

AWARD: Claim denied.



                                  rganization MEMBER


Carrier Member Dated at Chicago, Illinois February 25, 1982