Parties Brotherhood of Maintenance of Way Employees
to and
Dispute Norfolk and Western Railway Company
Statement Claim is made to restore W. E. Mitchell to service with
of pay for all time lost at his applicable rate of pay
Claim from the date of his dismissal until returned to service;
also, that his vacation seniority and all other rights
be unimpaired.
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.
The instant dispute concerns the dismissal of Claimant
as a result of.his insubordination on June 13, 1979
in refusing to comply with the instructions given to'
him by his Supervisor, Assistant Extra Gang Foreman
R. L. Evans and for his use of profanity towards said
Supervisor.
The Board finds that Claimant was afforded the due process
to which entitled.
He had a fair hearing.
          Award No. 58 - PLB 1838 Page 2 There was substantial evidence adduced to support Carrier's conclusion as to Claimant's guilt.


          The discipline in the circumstances is found to be not unreasonable. This Claim will be denied.


Award Claim denied.

                                              yr


A. D. Arnett, Eeployee Member E. N:.Jacobs Jr., Car=iqrr Member

                                i


                      Arthur T. Van Wart, Chairman and Neutral Member


                      Issued at Falmouth, Massachusetts July 22, 1981.