PARTIES TO DISPUTE:









    1. The thirty (30) day suspension assessed E. C. Robinson for alledgedly using 'profane and/or vulgar language against company officials' was without ysut and sufficient cause, arbitrary and capricious. (Organization File MW-39-T-84; Carrier File 1635).


    2. Claimant E. C. Robinson shall-be compensated for all wage less suffered.at the Group D machine operator rate and given the opportunity to qualify- on the Fairmont Spiker."


                    OPINION OF THE BOARD


Claimant was notified of an investigation on a charge of using profane and/or vulgar language against a company official. Subsequent to the hearing he was suspended for thirty (30) days.


While speaking to one Track Supervisor (B) he referred to another Supervisor (T) as a "no good little son of a bitch." He apoHgized shortly thereafter, but it appears that he had been previously warned about his demeanor.


                        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.

PLB - 2366

Claim denied.

.~3 G. Harper
Organization Member

AWARD

Joseph A. Sickles

:hai~man and Neutral ember


                    owv~ /

              J. . ibbinS

              Crier Member


Award #72

Date