PARTIES Brotherhood of Maintenance of Way Employes
 _TO'
 DISPUTE: and
 Consolidated Rail Corporation
 STATEMENT 1. The dismissal was unjust, arbitrary and harsh
 OF ,
 CLAIM: for the offense.
 2. The Carrier shall reinstate Thomas J. Lavender
 with seniority, vacation and all other rights unim
 paired, and payment made for all time lost.
 FINDINGS: This dispute concerns the same basic situation, con
 tentions and evidence as were before us in Case No.
 19 (see Award '7 ). Without any question, claimant
 was guilty of failing to comply with direct, unambig
 uous orders to go to work during the bus incident
 discussed in Award No.j1~. No valid basis is per
 ceived for disturbing Carrier's findings or awarding
 back pay to claimant. His statement that he was i11
 ..? .~ 0 3 - ~3-w a , a . a ~. at the time of the incident was not made until after he had been removed from service; in any event that fact as well as his prior record were taken into consideration in permitting him to return to work on March 13, 1978.

 AWARD: Claim denied.



Carrier Me er Employe MeiZ5'~e'r