Findings: The Board finds, after hearing upon the whole record and all evidence, that the parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as annnded, that this Board is duly constituted by Agreement dated October 27, 1976, that it has jurisdiction of the parties and the subject matter, and that the parties wnere given die notice of the hearings held.

Claimant Trackman was dismissed from carrier's service on April 6, 1976 as a result of an investigation held March 23, 1976 concerning a charge of "...refusing instructions from your Foreman and using abusive language on March 17, 1976."

hb procedural deficiencies were interposed to prevent our review of the writs of the case. Claimant had been accorded due process.

9here was sufficient prcbative.evidence adduced to support, Carrier's conclusion that Claimant was guilty of using abusive language toward his Foreman but not for refusing instructions from his Foreman. The transcript reflects that Claimant cam to work on March 17, 1976, not propexly dressed for the weather conditions. He asked his Foreman to drive him to the bus. During the drive, when Claimant found out that he was only going to be paid two hours, he berated and insulted the Foreman. Claimant observed that the Foreman was lower than a bitch and that somathing bad in life would happen to him. Claimant changed his mood and wanted to go back to work. The Foreman drove back. Claimant left work about 1:00 p.m. that date.

PL 3 1 850