Public Law Board No. 2363
PARTIES Brotherhood~of Maintenance of Way Employes
_TO
DISPUTE: and
Louisville and Nashville Railroad Company .
STATEMENT 1. Dismissal of Track Repairman C. E. Forrest
OF
CLAIM: was without just or proper cause and exceed
ingly disproportionate to the offense with
which charged.
2. Claimant shall be reinstated to service
and granted all other benefits and remedies
prescribed in first paragraph of Rule 27(f).
FINDINGS: There is substantial evidence in the record
supporting Carrier's findings that claimant was
insubordinate and that discharge was warranted.
Testimony of Assistant Division Engineer Permar
and Foreman Stewart is to the effect that claim
ant was not complying with instructions to bring
back a pair of splices and that when Mr. Permar
was writing up a letter dismissing claimant on
' a3~3
-,qvJ0
(o
that ground, claimant grabbed the note pad from Mr. Permar's
grasp and then assaulted him.
This evidence against claimant is credible and
specific and, although contradicted by claimant and several
other employes, is adequate to support the findings and discipline in this case. We find.no valid basis, under the well
established principles and practices of Adjustment Boards in
this industry, for reversing Carrier's decision.
AWARD: Claim denied.
Adopted at.Louisville, Kentucky,
7x Cue,
! o~ 1979.
Haro1 M. Westo , Chairman
Employe Member