PARTIES- Brotherhood of Maintenance of Way Employes -
 DISPUTE: and
 Seaboard System Railroad (former L&N Railroad)
 STATEMENT 1. The dismissal of Track Repairman J. A. Haynes
 CLAIM: was without just and sufficient cause and ex
 cessive.
 2. 'Claimant shall be restored to service with
 all rights unimpaired and compensated for all
 ' wage loss.
 FINDINGS: Claimant was dismissed for acting in a vicious
 and uncivil manner and leaving his job without
 permission or notice. '
 The record shows that during his tour of duty,,
 claimant started an argument with a fellow employee who was busy
 pulling ties and then proceeded, without provocation, to call him
 obscene names, physically threaten him and brush against him in
 an attempt to provoke a fight.
 When on the following day claimant was asked
 to sign the receipt for a letter notifying him of an investigation
 of that incident, he refused to sign the receipt although it was
 explained to him that signing would not indicate any admission
 a3~3 - A WO ?D
                                                      2


      against interest. He remained adamant and abruptly proceeded to leave his work assignment and Carrier's property.

      There is no basis in this record for setting aside or modifying the decision to dismiss claimant. Carrier's findings are supported by substantial evidence and there is no prejudicial procedural error on it.s part. Claimant's refusal to sign a receipt for the notice of investigation is not a basis for discipline and has not been given any weight in this Board's decision.


      AWARD: Claim denied.


                    Adopted at Jacksonville, Florida,D.(C( 1985.


                      Harolc~hI:--iVi~ston, Chairman


Carrier Member Employee Member