Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 9581
 SECOND DIVISION Docket No. 9761
 2-CR-MA-'83
 The Second Division consisted of the regular members and in
 addition Referee Eckehard Muessig when award was rendered.

 ( International Association of Machinists
 ( and Aerospace Workers
 Parties to Dispute: ( AFL-CIO
 (
 ( Consolidated Rail Corporation

 Dispute: Claim of Employes:



Findings:
The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

 The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 1934.

 This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

The Claimant was notified on April 25, 1980, to attend an investigation to determine the facts in connection with a charge that he had not used his safety goggles, as prescribed by the controlling rule, during his tour of duty on April 17, 1980.

 Following the investigation, the Claimant was notified that he ways found guilty of the charge and was issued a letter of reprimand.

 The record provides substantial evidence to conclude that the Claimant was guilty as charged. The Claimant had been warned on numerous occasions in the past concerning the use of safety goggles. He has chosen to ignore these warnings. The Board does not find the penalty assessed unreasonable, given the facts and circumstances in the record. The claim, therefore, is denied.


Form 1 Award No. 9581
 Page 2 Docket No. 9761
 2-CR-MA-'83
                                  By Order of Second Division

Attest: Executive Secretary
 National Railroad Adjustment Board
 Nancy J. Dever Executive Secretary

 Dated at Chicago, Illinois, this 27th day of July, 1983.

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