Form 1 NATIONAL REkILROAD ADJUSTMENT BOARD Award No. 11340
 SECOND DIVISION Docket No. 11256
 2-RF&P-SMW-'87
 The Second Division consisted of the regular members and in
 addition Referee Edwin H. Benn when award was rendered.
 (Sheet ME!tal Workers' International Association
 Parties to Dispute:
 (Richmond, Fredricksburg and Potomac Railroad Company

 Dispute: Claim of Employes:

 1. That, in violation of the current agreement, Sheet Metal Worker, L. T. Akers was unjustly suspended from the service of the Carrier following an investigation held June 6, 1985.

 2. That, accordingly, the Carrier be ordered to make the claimant whole for all pay lost on the dates of July 10, 11 and 12, 1985.

 3. Clear claimant's record of any reference to said investigation and discipline rendered as a result of investigation held on June 6, 1985.

 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 carr:'~er and employes 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.

After hearing on June 6, 1985, Claimant, a Sheet Metal Worker for approximately seven years, was suspended for three days for violating the Carrier's Blue Signal Instructions by fueling locomotives without properly locking switches providing access to the southbound Thoroughfare Track in the Engine Terminal and failing to display blue lights.

 The record discloses that on May 28, 1985, Claimant was performing fueling functions. At approximately 2:15 a.m., after beginning to fuel a locomotive, Claimant proceeded to lock out the south end of the southbound Thoroughfare Track. Although blue lights were available to Claimant, blue flags rather than lights were displayed by Claimant during the fueling process.
 Form 1 Award No. 11340
 Page 2 Docket No. 11256
 2-RF&P-SMW-'87
 Initially, the Organization asserts that Claimant was not afforded a
 fair and impartial hearing. However, an examination of the argument made by
 the Organization is that it viewed the Hearing to be unfair because it felt
 that the evidence offered did not support the charge. We view that argument
 not as a question going to the fairness of the Hearing, but rather one that
 goes to the merits of the dispute and the sufficiency of the proof.
 With respect to the merits, the record establishes that Claimant was
 fueling locomotives without first having the appropriate switch lever locked
 and without displaying blue lights during the process. We view the type of
 work activity performed by Claimant as falling within the scope of the Car
 rier's Blue Signal Instructions which require the locking of the switch and
 the displaying of a blue signal. The Instructions require those precautions
 be taken "any time" employees are performing work covered by the Instructions,
 which we view as requiring that the precautions be taken prior to commencement
 of the work activity. As admitted by Claimant, he did not comply with the
 provisions of those Instructions (which are promulgated for safety reasons) in
 that he began the fueling process prior to locking all appropriate switches.
 Further, Claimant displayed flags rather than lights even though lights were
 available. We therefore find substantial evidence in the record to support the
 disciplinary action taken. Indeed, this Board has found violations involving
 failure to comply with similar rules to be an offense warranting dismissal.
 See Second Division Award 10940.
 Under the circumstances presented, we cannot say that a three day
 suspension was arbitrary or capricious. The fact that Federal Railroad
 Administration requirements may be less stringent than the Carrier's rule is woo
 immaterial to the ultimate outcome of this matter since in this case we are
 called upon to apply the Carrier's rule and not the federal regulation.
 A W A R D




Attest:
        Nancy J;7 r - Executive Secretary


Dated at Chicago, Illinois this 23rd day of September 1987.

                                                        Voo