Award No. 1 Case No. 1
Public Law Board No. 3514
PARTIES

 D ITFUTE
STATEMENT CLAIM:

 FINDINGS:

Claim by John Lukas for reinstatement and pay for all time lost.

 Claimant was dismissed on the ground that on June 7, 1982 at about 3:10 p.m. he refused to comply with Division Engineer Acrea's instructions to surrender vehicle keys to Mr. Acrea and during that conversation, acted in a hostile manner and attacked him. While claimant's 32 years of reasonably good ser-

 vice is a factor to be considered in his support, it will not insulate him from discipline, particularly where there is evidence that he has threatened or assaulted a supervisor. We regard any such conduct as extremely serious and will not ordinarily interfere with disciplinary action found appropriate by Carrier in any such situation.
 The discussion in question stemmed from a beer purchase by another employe. There is no question but that claimant
 PLB No. 3514 Award No. 1 Case No. 1

 refused to surrender the keys to the bus that was used for the men's transportation; he was fearful that they might be stranded. However, this does not appear to be a case of assault; the circumstances were unclear and very confused as Mr. Acrea attempted to confiscate the bag of beer and was scratched on the hand by claimant.
 Because of claimant's long record and the unclear posture of the record, dismissal of claimant would appear to be excessive discipline. He will be reinstated without back pay; the resulting suspension of more than two years duration without pay will emphasize the gravity of this situation.
 AWARD: Claimant reinstated without back pay. To be ef
 fective within 30 days.
 Adopted at Philadelphia, Pa., July 12, 1984.
 ro d M. Weston, Chairman
 rier M& r Emp oye Member