Docket No. MW-81-140


Parties Brotherhood of Maintenance of Way Employees

 to and

        Dispute Southern Pacific Transportation Company (Texas and Louisiana Lines)


Statement
 of Claim: Claim of BMWE and Track Laborer Joseph E. Lynch for an
 arbitrary and penalty payment of 38 hours at his
 respective straight time rate of pay, ten days trailer
 allowance and his record cleared of all charges,
 unjustly suspended from service from April 23 through
 May 6, 1981:

 Findings: The Board, after hearing upon the whole record and all evidence, finds that the parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended, that this Board is duly constituted by Agreement dated July 19, 1979, that it has jurisdiction of the parties and the subject matter, and that the parties were given due notice of the hearing held.
 Claimant was advised by the Regional Maintenance of Way Manager, under date of April 28, 1981, in part, as follows:

        "You are suspended from the service of Southern Pacific Transportation Company for ten (10) workinq days effective April 23, 1981 throuqh Mdy 6, 1981, for not complying with instructions issued you by Track Foreman R. C. Macias on or about April 22, 1981, which is in violation of Rule 801 and also, for your use of vulgar-language to foreman Macias, which is in violation of Rule 802 of the General Rules and Regulations of the General Notice of Southern Pacific Transportation Company..."


Claimant requested and was granted an investigation, on June 9, 1981. Carrier concluded therefrom that the discipline assessed should be sustained.
                                    PLB - 2444

                          -2- Award No. 65


An analysis of this case permits the conclusion that the facts did not warrant the imposition of the discipline as assessed. No good purpose is served by a recitation of the record.
 The Board concludes that the discipline assessed Claimant should be reduced to five (5) days and that his record be adjusted thereby. However, no trailer pay allowance will be awarded.

 Award: Claim disposed of as per findings.
 Order: Carrier is directed to make this Award effective
 within thirty (30) days of date of issuance shown below.

      Christie, mp oyee Member C. B. 6oyne, a er Member


        Arthur . an Wart, Chairman

        · and Neutral Member


Issued May 11, 1983.