CASE NO. 1419 MW


                                FILE: I1-167-T-80


PARTIES TO DISPUTE:

      Illinois Central Gulf Railroad


          and


      Brotherhood of Maintenance of Way Employes


                  STATEMENT OF CLAIM


      "(1) The ninety (90) day suspension assessed

      A. E. Burton for allegedly behaving in a.

      quarrelsome and threatening manner towards

      his foreman was without just and sufficient

      cause.


          (2) Claimant A. E. Burton shall be compensated for all wage loss suffered during the ninety (90) day suspension."


                  OPINION OF BOARD


On October 9, 1980, the Claimant was notified to attend a formal investigation concerning asserted quarrelsome and threatening behavior toward a Track Foreman.

 The evidence indicated that during a confrontation concerning reporting late for work, the Claimant grabbed the Foreman's wrist and suggested that the Foreman'"shut up" on a number of occasions.

 The Claimant, at the investigation, admitted that he grabbed the Foreman's wrist because the Foreman "...had his finger in my, face, and once I moved his hand out of my face, I let his wrist go." He also concedes that he told the Foreman to "shut up", but he places the discussion in a different context.
                  Awd. 131, PLB - 2366


The witnesses to the incident seemed to confirm the Foreman's version, rather than the Employees. The Claimant has received a thirty (30) day suspension for violation of the same rule.

 The Track Foreman testified that he dial not feel threatened by the action, and the Organization argues that the Foreman was the aggressor in the dispute.

 We are unable to find any basis for disturbing the conclusion that the Employee violated the rule, as,cited, and based upon the prior record, we find no justification for reducing the quantum of punishment.

                      FINDINGS


The Board, upon consideration of the entire record and all of the evidence finds:

 The parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended.

 This Board has jurisdiction over the dispute involved herein.

 The parties to said dispute were given due and-proper notice of hearing thereon.

            ' AWARD


      Claim denied.


              J seph A. Sickles

              hair and Neutral ember


Gibbins Hugh . Harper
 Ca ier Member Organization Member

                      02 a

                        D E


                          2.