PARTIES Brotherhood of Maintenance of Way Employes
 DIS'UTE: and
 Consolidated Rail Corporation
 STATEMENT Claim by Richard Chambers for reinstatement and
 OF
 CLAM: reimbursement for all lost time resulting from
 his dismissal on April 12, 1979.
 FINDINGS: The record supports Carrier's findings that claim
 ant refused to comply with Assistant Supervisor
 Ferrone's unambiguous instructions to dump the
 load on a dump truck and then to pick up a rake
 or fork and clean up the area with the rest of
 the men. The evidence does not establish that
 performance of those duties was hazardous or
 that claimant was justified in not performing
 them.
 Discipline was clearly warranted in this situa
 tion.
 It was not inappropriate for Carrier to consider
 claimant's prior record of service in determining the measure of
 discipline. That record shows that he had received substantial


discipline in 1977 and 1978, on each occasion for threatening a foreman or assistant supervisor.
 No basis is perceived for disturbing Carrier's decision.

 AWARD: Claim denied.

                Adopted at Philadelphia, Pa., October 4, 1984,


                    1


                  Harold . Weston, Chairman


      rrier Mr! er Emp ogeeember