STATEMENT OF CLAIM
1. That the Carrier's decision to remove New Hexico Divi.iica Trackman G. E. Griego from service was unjust.

 2. -That the Cawrier nor reinstate claimant with seiiority, vacation, all benefit rights unimpaired and pay for all wage Loss be;inning December 17, IJ82 continuing forward and/or otherwise made whole, because the Carrier did not introduce substantial evidence that proved that the claimant violated the rulers enuwerat~_-d in their decision, and even if claimant violated ti.. raies en;Laerated in the decision, permanent removal from service .is extrerie iz:1 hags:i disctplins under the circumstances.

 FINDINGS: This Public Law Board No. 1582 finds that the parties ere n are Carrier and F
 a:ployee within tae n:a;uzin of the Railway Labor Act,,as amended, and that this Board has jurisdicCion.

 In this dispute the claimant was charged ·.Yi to absencing &imself from duty without proper authority on November 8 4=a 9, 1982, and further that the claimant withheld information or failed to -i.vn all of the facts concerning his absenting himself croea duty on :hoje dates, and was further charged with being indifferent to duty, insubordinate, quarrelsome and/or vicious toward Supervieor D. D. Hollowan on Wednesday, November.10, 1982.,

 An investigation was held, and pursuant to t:ie invs.stl:.·..:tion the claimant was found ~ilty on all counts and was dismissed from the service of the Card®r. :~
The Organization contends that the evidence is insufficient to establish that the claimant was Guilty of tae vio2atiuns Charged by the Carrier, and further if such a findin,; i:: supported by the evidence, permanent removal is harsh, arbitrary and unjust.

 The investigation was convened, and tl:a Organizatior, objected beczusa the claimant had not been notified in writing. The evidence reveals that the original notice of investigation vas sent on November 12, 1982 by certified mail to the claimsnt's~hotse address in Albuquerque and was refused by someone°at that address on November 17, 1982. The claimant and his representative agreed that tray were prepared to proceed with the investigation.




The transcript has been carefully studied, and all of the evidence has been considered. There can be no doubt but that there is some guilt upon the claimant. He was absent on November 8 and sent a wire which stated he was absent because of a funeral and then later admitted that this statement was untrue.

 There is a conflict in testimony as to whether the foreman instructed the claimant to get off the bus and wait in the bunk car or simply look for the roadmaster before he commenced work. The evidence establishes that the claimant had a serious argument with his foreman the night before in the bunk car.

 The evidence dam not establish that the claimant cursed the roadmster, but he did use curse words and foul language. However, there is a great deal of foul language used in the railroad industry. Also there is no evidence that the claimant in any way threatened the roadmaster.

 Serious discipline is justified. Under the circumstances herein, and in view of the claimant's poor record, there is no ,justification for setting the discipline aside.

 AWMD: Claim Denied.

            . I


                          Preston ,y. ,bfoore, Chairman-.. .


                          Organization Member


                          Carrier Member


Dated at Chicago, Illinois February 17, 1983