FINDINGS :

 The Board, after hearing upon the whole record and all the evidence, finds that the parties herein are Carrier and Employee respectively within the meaning of the Railway Labor Act, as amended; this Board has jurisdiction over the dispute involved herein; and, the parties were given due notice of hearing thereon.

 This case involves the dismissal of Claimant, an employee of Carrier for 13 years, account his involvement in a verbal altercation with a fellow employee on September 12, 1983.
had used vulgar, profane and derogatory language in expressing his annoyance
 towaxd-a fellow employee for not following the accepted or recognized practice of
 operating his tamper a short, but safe distance from the track liner which Claim
 ant was operating so as to permit both operators to rerail any buggies that go
 off the track. It is also unquestioned that at the time, even though the other
 employee had responded with certain vulgarities, that this employee felt threaten- -
 ed by Claimant's remarks and gestures, although admittedly Claimant did not
 touch or make contact with the other employee in any way. It is also apparent
 from testimony of witnesses that it is apparently not unusual for Claimant to be
 using a number of profane words in general conversation.

 While the Carrier urges that on the basis of Claimant's proven guilt in this case and his past disciplinary record that the: penalty of discharge is not harsh or unreasonable, we believe it is excessive. Accordingly, we will hold that Claimant be reinstated to service with seniority and other benefits unimpaired, but without compensation for time lost. We do not infer by such action that we treat lightly the conduct of Claimant, for there is no doubt that relations would disintegrate into a chaotic condition if employees were permitted to resort to unrestrained abusive attacks on one another. However, we feel that the time Claimant will have been out of service to the date of this Award will represent sufficient admonishment that control of his volatile disposition is necessary to any continuing future employment relationship.

 AWARD:

Award No. 8
 PLB No. 3558 - 2 - Case No: 8

 ORDER :

 The Carrier is directed to make this Award effective within 30 calendar days of the date set forth below.

Robert E. Peterson, Chairman

and Neutral Member


C. B. Goyne, Carrier Member A.~. -Christie, Employee Member

 San Antonio, TX
 June 30, 1984