Award Number: 37
 Case Number: 37
 PARTIES TO DISPUTE




STATEMENT OF CLAIM
        Track Foreman, R. H. Handberry, Rt. 1, Boa 10-A,

        Gordon, GA 31031, was dismissed from service on April - _

        23, 1984 for alleged conduct unbecoming an employee an

violating Rules G and 37-E. Claim was handled on the
 property in accordance with Railway Labor Act and
 agreement provisions. Employes request reinstatement
 'with back pay for all lost time and all other rights
 unimpaired.
 FINDINGS
 Claimant, at the time of the dispute in question was employed by Carrier as a track foreman. by letter dated April 3, 1984, Claimant was notified to attend an investigation concerning charges that he was intoxicated while on Carrier's property and conducted himself in a manner unbecoming an employee on March 31, 1984. An investigation was held on April 9, 1984. By letter dated April 23, 1984, Claimant was dismissed from service.

 The issue to be decided in this dispute is whether Claimant was dismissed for just cause under the Agreement.
The position of the organization is that Claimant was unjustifiably dismissed on the basis of his actions on March 31,

 1984. The Organization concedes that Claimant acted improperly _
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on that date, but maintains that his conduct did not rise to the -
 level warranting dismissal. The organization contends that in
 light of Claimant's 38 years of service for Carrier and the
 circumstances surrounding the incident, dismissal was an exces
 sive penalty.

      Carrier contends that Claimant was clearly guilty of conduct -


unbecoming,an employee on the date in question. Carrier cites -
 the testimony of several witnesses indicating that Claimant came -
 on Carrier property wielding a knife and,.proceeded to threaten
 various employees. Carrier further cites·the fact that those
 employees felt the situation was serious enough to call the
 police and that Claimant was subsequently arrested and found to
 be under the influence of alcohol. Finally, Carrier cites
 Claimant's own testimony admitting the impropriety of his
 behavior and the fact that he had been drinking.

 Carrier additionally maintains that Claimant violated Rule 37(e), which prohibits the use of profanity while operating radio equipment. Carrier cites a transcript of a radio transmission made by Claimant on the date in question to establish that

 he in fact used threatening and profane language while broad- -

 casting.

 After review of the record, the Board finds that the charge should be expunged from Claimant's record.

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The facts contained in the record indicate that Claimant, on
 May 7, 1984, retired from railroad employment. Therefore, any
 issue relating to'reinstatement need not be considered. The
 facts concerning the dispute in question are basically uncon
 tradicted. Claimant admitted that he acted in a manner unbecoming
 an employee on the date in question, and his admission is
 substantiated by several eyewitnesses. Although Claimant's
 behavior was abusive and threatening, we found that in light of -
 his otherwise clean record-of 38 years,-the charge brought should
 be expunged from the record.

 AWARD -

      Case disposed of per Findings her 'n.~


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