Parties Brotherhood of Maintenance of Way Employees
to and
Dispute Illinois Central Gulf Railroad
Statement
o`_ Claim: Carrier violated the effective agreement on January 6, 1978
by arbitrarily and unfairly dismissing Claimant L. C. Truss
from the service of the railroad for alleged violation of
Maintenance of Way Rule "K°. Cl aimant Truss shall be
restored to service with all seniority rights and other
rights reinstated and unimpaired, also compensated for all
lost time from January 6, 1978 until he is actually returned
to service of the Carrier.
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 January 23, 1978, that it has jurisdiction of the
parties and the subject matter, and that the parties were given due
notice of the hearing held.
Claimant was suspended from service, on December 16, 1977,
as a result of his insubordinate and contemptuous conduct towards his
supervisor. Claimant was charged, under date of December 21, 1977 and
advised to attend a formal investigation for the purpose of "determining
whether you harassed, threatened or used abusive language towards Foreman
Howard Jackson on Thursday, December 15, 1977."
As a result of that investigation, Carrier concluded that
Claimant was. guilty as charged and he was dismissed from service as
discipline therefor.
The Board finds that Claimant was accorded a fair hearing.
There was sufficient evidence adduced to support Carrier's
conclusion as to Claimant's culpability in the violation of Rule R in that
he harassed, threatened and used abusive language to his section Foreman
Howard Jackson on December 15, 1977.
The Board finds that in the circumstances that the discipline
assessed was reasonable and warranted. Claimant was clearly abusive,


quarrelsome and disobedient. Carrier properly adjudged him to be contumacious. His conduct was such that it cannot be condoned. The Board is without alternative other than to deny the claim.

Award: Claim denied.

. P. Paloni, Employee Member M a , Carrier Member

                    hur T.. Van Wart, Chairman and Neutral Member


                    issued at Falmouth, Massachusetts, September 26, 1979.