John B. LaRocco, Referee


              (Brotherhood of Maintenance of Way Employes


PARTIES TO DISPUTE:
              (National Railroad Passenger Corporation (Amtrak) - (Northeast Corridor


STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

 1. The suspension of Trackman T. Piscione for alleged violation of Rule 'I' on May 5, 1982 was without just and sufficient cause and in violation of the Agreement (System File NEC-BMWE-SD-462D).

 2. The claimant's record shall be cleared of the charge leveled against him and he shall be compensated for all wage loss suffered."

 OPINION OF BOARD: On May 6, 1982, the Carrier withheld Claimant, a Trackman,
 from service pending an Investigation to determine if
 Claimant committed insubordination and threatened his Supervisor. Before the
 Investigation was convened, the Carrier reinstated Claimant to service on or
 about June 15, 1982. Following the June 29, 1982, Hearing, the Carrier sus
 pended Claimant from service for thirty days but it gave Claimant credit for
 the time he had previously been held out of service.

 At the Investigation, Claimant declared that on May 6, 1982, a fellow worker told him that the Foreman had talked about Claimant in disparaging terms. Venting his anger, Claimant confronted the Foreman who did not deny making the derogatory remark. Claimant was also upset that the Foreman had not promptly reported some overtime earned the previous day. According to Claimant, the Foreman never gave him an adequate response. The Foreman testified that Claimant calle helmet on the ground and threatened him with physical harm. Another Trackman corrobrated this portion of the Foremen's testimony. Despite Claimant's denials, the Foreman testified that Claimant raised his fist in a threatening manner. Evidently, the other Trackman was unable to observe Claimant's physical gestures. Claimant r service a short time later. Although the Foreman asserted that he reported Claimant's overtime, the earnings did not appear on Claimant's next two pay stubs.

 It is not the province of this Board to resolve conflicts in testimony or to pass judgment on th attach more probative weight to the Foremans' declarations as opposed to Claimant's blanket denial. Claimant was disrespectful to his Supervisor and that he, at least momentarily, threatened the Forem another Trackman overheard Claimant's obscene language. Claimant's tirade resulted primarily from an uncontrollable temper. If he sincerely thought that the Foreman was harassing him or incorrectly reporting his time, Claimant should have resolved the dispute through the grievance procedure.
                      Award Number 26288 Page 2

                      Docket Number MW-25791


While Claimant committed misconduct, the record shows that the Foreman partially provoked Claima apparently premised on the length of time which Claimant had spent out of service. The verbal confrontation was brief and Claimant was ready to resume working. Even if the Carrier properly withheld Claimant from service pending the Investigation, the discipline was excessive. The suspension is reduced to fifteen days.

        FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:


        That the parties waived oral hearing;


That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act as approved June 21, 1934;

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        That the discipline was excessive.


                        A W A R D


        Claim sustained in accordance with the Opinion.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest

        Nancy J. Dover - Executive Secretary


Dated at Chicago, Illinois, this 24th day of April 1987.