PARTIES Brotherhood of Maintenance of Way Employes
 TO
 DISPUTE : and
 Consolidated Rail Corporation
 STATEMENT Appeal by Trackman Bruce King from his dis
 OF
 CLAM : missal from Carrier's service on May 3, 1983.
 FINDINGS : Claimant's dismissal is based on Carrier findings
 that he failed to comply with Asst. Supervisor
 Staiger's instructions to gauge track and spike
 ties. Carrier did not find him guilty of
 threatening conduct.
 The record supports Carrier's findings of in
 subordination. There is, however, evidence that claimant was not
 well when he reported for work that day, that he had been hurt in
 an automobile accident that had occurred earlier that morning and
 had asked to be relieved of his duties.
 Upon weighing all the considerations, it is our conclusion that claimant should be given another chance to show that he can be relied on for conscientious service. He should bear in mind that this Board will not tolerate any proven instance of threats to a supervisor.

AWARD: Claimant to be reinstated with seniority rights '
 unimpaired but without back pay. To be effective
 within 30 days.
 Adopted at Philadelphia, Pa., October 4, 1984.

      crier Me r Employee

                                          Member