1. They Carrier viols the Agreement when Claimant w. L- Smith

(6463046) was issued a Level S 30-dap Record Suspension with three

years probation for violation of MOOR 1.6 Conduct between

October i, 20GS and November 7; 200$ concerning alleged

inappropriate language and creating a hostile working environment.

The Claimant should be paid for ail wages lost and made whole

commencing January 4, 2007 and continuing forward and/or

otherwise made whole.

2. As a consequence of the violation referred to in part 1 the Carrier

shall immediately correct tire Claimants discipline records and make

Claimants whole for ail time lost.

Claimant is a Track Supervisor and he supervises some 26 to 30 employees as of the day of tincident- His plans for this crew changed. One employee operating a tamper had been told earlier in the week that on this date her was scheduled to work another area of track Upon seeing a change of his track assignment, the Tamper operator went to Claimant to inquire about the change_

The individual was required to make changes in the work orders. The Claimant gave these instructions in language that is currently considered inappropriate for the workplace, potentially contributing to a hostile work environment. Although the languages lie used would not have been given a second thought fn the past, current

Robert L. Hicks, Chairman &. Neutral Member