PARTIES Brotherhood of Maintenance of Way Employes
 TO
 DISPUTE: and
 Consolidated Rail Corporation
 STATEMENT Claim by Clifford Nelson for reinstatement and
 OF
 CLAM: reimbursement for pay loss resulting from dis
 missal on October 20, 1980.
 FINDINGS: Claimant's dismissal is based on Carrier's find
 ing that he used abusive language toward his
 foreman, B. Koch.
 There is substantial credible evidence in the
 record, consisting of testimony by Foreman Koch and the corroborat
 ing testimony of Operator Ling, a member of claimant's work gang,
 that claimant tried to leave the job about ten minutes before lunch
 time, that Mr. Koch directed him to return to duty and an argument
 ensued. While we are disposed to permit the men considerable lati
 tude in the type of invectives and unsavory language they may hurl
 at one another during arguments, we are satisfied, and find, that
 claimant subjected his foreman to extremely intemperate language
 in this situation of a type that no foreman reasonably has to be
 subjected to in the performance of his duties.


The evidence does not establish that claimant was unduly provoked by Foreman Koch. Nor does the record disclose - any prejudicial procedural error on Carrier's part; the hearing was held on due notice and claimant was afforded fair opportunity to be represented, present his case and cross examine.
 No valid basis is perceived for this Board to reverse Carrier's decision in the present case.

 AWARD: Claim denied.

                Adopted at Philadelphia, Pa., October 4, 1984.


                  Haro M. Westoe, Chairman


    Carrier Me Employee Member

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