Claimant, was charged with insubordination, being quarrelsome. hostile and profane behavior on March 21. 1984 - in violation of Carrier's rules. I=ollowino an .investioat.ive hearing he was found okalt,- of t.haq charges and dismissed -from service.
(demanded) in loud and boisterous fashion that he be given the results of the prior investigation in which he was suspended for a ninety day period. (See Award No. .110 of this Board.) He was asked to calm down and then the Assistant Roadmaster handed him the oanersinvolved and asked him to s.ion them. Instead of sionino a cony and returning it to the Assistant Roadmaster. Claimant pocketed the papers and leftthe office at which time the Assistant Road Master again advised him that he needed a coov back. to which Claimant responded - that he should "Go fuck Yourself!" The record supports this version-of what transpired on March :_t.
Based on the evidence at the--investigationv Claimant's past record and his conduct at the investigation which necessitated )lie oresence-of a security officer. Carrier- was aodarentlv within its rights in determ,ininn that Claimant was auiltv of the charges and should be dismissed. The Board believes that there is no basis for modifvina this decision since the evidence amok. supports Carrier's conclusion. Tire claim must be denied.