Upon the whole record and all the evidence, after hearing, the Board finds that the parties herein are carrier and employee within the meaning of the Railway Labor Act, as amended, and this board is duly constituted by agreement under Public Law-89-456 and has jurisdiction of the parties and subject matter.
This award is based on the facts and circumstances of this particular case and shall not serve as a precedent in any other case.
After thoroughly reviewing and considering the transcript and the parties' presentations, the Board finds that the claim should be disposed of as follows:
There is no question that Claimant Brown was argumentative toward his foreman at the work site. However, the facts point up that the Claimant `s conduct concerning his reason for not operating the rail saw was influenced by his illness. After his encounter with the Foreman, Claimant was allowed to continue work performing other tasks. In the Board's judgement, the penalty of discharge was too severe notwithstanding Claimant's behavior which was unacceptable. Here, reinstatement without pay for lost time is the more appropriate remedy. Claimant Brown will be returned to service with restoration of his benefits and unimpaired seniority rights. The claim is partially sustained.