Award No. 55
 Docket MW-PO-79-4
 Parties Brotherhood of Maintenance of Way Employees
 to and
 Dispute Norfolk and Western Railway Company
 r
 Statement Claim is made to restore J. E. Johnson to service with
 of vacation, seniority and all other rights unimpaired
 Claim and that he be paid for all time lost until returned
 to service at his applicable rate of pay.
 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 laborer, on May 15, 1979, was working as a
 Laborer on R-4 Rail Gang. On May 15th the Foreman of
 R-4 Rail Gang informed the Gang that transportation
 was provided for them from their headquarters at the
 camp cars to the job site.
 About 9:00 AM the Assistant Manager Roadway Maintenance,
 E. W. Parks, Jr. was standing on a Clamshell, which
 had broken down, talking with the Operator of the machine
 concerning the problem. He was accompanied by the Assistant
 Roadmaster, G. W. Haroutunian. Claimant approached and
 climbed up on the deck of said Clamshell and asked

            Mr. Parks why he (Claimant) could not drive his van to the job as he had in the past. Claimant informed Mr. Parks that he didn't live on the Campcar, that he slept in his van, and that he should be allowed to drive his van. The Assistant Manager of Roadway Maintenance Informed Claimant that he was assigned to the Rail Gang with his headquarters at the Campcar and that he would ride the bus to and from the job. Claimant, at this point, allegedly started cursing and, apparently, took out a pocket knife from his pocket. He was thereupon removed from service for his insubordinate actions.


            Thereafter, he was advised, is writing, that he had been dismissed from service at 9:20 AM, May 15, 1979 for insubordination. As a result of his request for an investigation such was granted and held. Claimant was thereafter advised that his dismissal was upheld.


            The Board finds that Claimant was accorded a fair hearing.


            There was sufficient evidence adduced to support Carrier's conclusion as to Claimant being insubordinate.


            We find no cause in the record to permit a modification of the discipline assessed. In the circumstances this claim is denied.


Award Claim denied.

    A. D. Arnett, Employee Member E. N. ,daeob , jr.Carrieiv~ Member


                          ` Arthur T. Van Wart, Chairman and Neutral Member

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