"Claim of the System Committee of the Brotherhood that:


      The dismissal of Trackman R. J. Jackson for the alleged insubordination and use of boisterous, profane and vulgar language was without just and sufficient cause and on the basis of unproven charges. (Organization File S-24 T-83; Carrier File 1581).


      Claimant R. P. Jackson shall be reinstated with seniority and all other rights unimpaired and compensated for all wage loss suffered."


                    OPINION OF THE BOARD

The Claimant was notified of an investigation concerning failure to follow instructions and use of boisterous, profane and vulgar language directed toward his Section Foreman.
      Subsequent to the investigation, the Claimant was dismissed from service.

The Board has reviewed the transcript end record as a whole and we find ample evidence to substantiate the Employer's conclusion that this Claimant refused to perform the tasks assigned to him and used unfortunate language in addressing the Section Foreman.
      The Board finds no basis for mitigating the punishment and we will deny the claim.

                        FINDINGS


      The Board, upon consideration of the entire record end 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.


                  Joseph . is es

                  C7 an and Neut al Member


    YS-. Gibbons Hugh Harper

    arrier Member Organization Member


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