PARTIES Brotherhood of Maintenance of Way Employes
 to -and-
 DISPUTE: Consolidated Rail Corporation
 STATEMENT OF CLAIM: Appeal of Trackman, David H. Hiser, to have
 his dismissal set aside and to be restored to the service.

 FINDINGS: Subsequent to an investigation, the Claimant was found guilty of insubordination and was dismissed from the service. The incident leading to this dispute occurred when the Claimant threw a hard hat, hitting a supervisor on the side of his head.
 The evidence is clear and convincing, as acknowledged by the
 Claimant's own testimony, that he was guilty of the charge. However,
 while the Board does not minimize the seriousness of the offense
 herein, which does warrant disciplinary action, the Board is of the
 opinion that, in consideration of all the circumstances leading up
 to and surrounding the actual incident, permanent dismissal was
 excessive. The Board will award that the Claimant be restored to
 service with seniority and other rights unimpaired, but without any
 compensation for time lost while out of service.
 AWARD


F. Domza . ki Carrier M er Dated. : 2.

Eckehard Muessi

Neutral Memb


1P. P. Cassese

Employee Member