PUBLIC LAW BOARD N0: 1838
 ~w

Parties Brotherhood of Maintenance of Way Employees
 to and
 Dispute Norfolk and Western Railway Company

 Statement The Brotherhood requests that the Claimant William Hollie
 of be restored to service, with vacation, seniority and all
 Claim other rights unimpaired, and that he be paid for all time
 lost.

          Findings The Board, after hearing upon the whole record and all evidence, finds that the parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended, that this Board is duly 'constituted by Agreement dated March 1, 1976, that it has jurisdiction of the parties and the subject matter,


      ' and that the parties were given due notice of the hearing


          held.


          Claimant, a Section Laborer, was employed and working as such on September 22, 1976. As 'a result of Claimant's refusal to obey the instructions of Assistant Foreman W. L. Saunders to assist in unloading cross ties and for his use of profanity towards and threatening physical harm to said Assistant Foreman,Claimant was removed from service. He was subsequently accorded a formal investigation. As a result of such investigation it was concluded that Claimant was guilty as charged. He was dismissed,from service as discipline therefor.


          The Board finds that Claimant was accorded a fair hearing.

            Award No. .22 -I D3S Page 2 There was, sufficient evidence to support the conclusion reached by Carrier. The circumstances, and record developed herein, as well as Claimant's service record impels the Board to conclude that Carrier had not acted either arbitrary or caprociously and that such discipline was reasonable. In the circumstances this claim will be denied.


Award Claim denied.

    A. D. Arnett, Employee Member . C. Edwards, Carrier Member


                      Arthur T. Van Wart, Chairman

' and Neutral Member

 Issued at Salem, New Jersey,December 27, 1979.