PUBLIC LAW BOARD NO. 3514

Case No. 99 Award No. 91

PARTIES Brotherhood of Maintenance of Way Employes
to and
DISPUTE: Consolidated Rail Corporation
STATEMENT OF CLAIM: Appeal by Trackman Early Leroy Mann to have his dismissal removed and to be restored to the service. FINDINGS: Subsequent to an investigation, the Carrier concluded that the Claimant had used threatening language toward his Supervisor, had refused to comply with a direct order, and had been under the influence-of alcohol or an intoxicant.-

We have carefully reviewed the transcript of the hearing, and

conclude that the evidence is convincing that the Claimant was
guilty of the charges. Given the serious nature of his offense,
the Board has no basis to sustain the claim. ___

The claim is denied.

F. J. Domzalski Carrier Member

Dated: FES 27 1$

Eckehard Muessi
Neutral Memb

~4

t.~ . ~l'.~1v-C.L

f . . P. Cassese
:mployee Member