Form i NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11367
 SECOND DIVISION Docket No. 11262
 2-MKT-CM-'87
 The Second Division consisted of the regular members and in
 addition Referee Edwin H. Benn when award was rendered.
 (Brotherhood Railway Carmen of the United States
 ( and Canada
 Parties to Dispute:
 (Missouri-Kansas-Texas Railroad Company

 Dispute: Claim of Employes:

 1. That the Missouri-Kansas-Texas Railroad Company violated the agreement between the Missouri-Kansas-Texas Railroad Company and the Brotherhood Railway Carmen of the United States and Canada, effective January 1, 1957, as amended, and the Railway Labor Act, as amended, when Cayman W. E. Eastwood was assessed a formal reprimand as the result of an investigation held February 21, 1985.

 2. That the Missouri-Kansas-Texas Railroad be required to remove all reference to this reprimand from the personal record of Cayman W. E. Eastwood and all reference thereto be obliterated from his personal record.

 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 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.

Claimant is a Cayman - Welder with a service date of May 17, 1984. As a result of charges dated February 4, 1985, Hearing held on February 21, 1985, and by letter dated February 22, 1985, Claimant was assessed a formal reprimand for violation of Safety Rule L on January 9, 1985.

 On January 9, 1985, Claimant was guiding a set of trucks onto a rail. As Claimant was pushing on the truck to guide it on the rail, Claimant's hand slipped and Claimant sustained an injury to his finger. According to Claimant, it was necessary for his hand to be in that particular position and he was watching the wheels set on the rail in a straight fashion. Claimant testified that he did not know why his hand slipped.

 The Organization first argues that the charge is vague and imprecise. In pertinent part, the charge required Claimant to appear for Hearing:
 Form 1 Award No. 11367
 Page 2 Docket No. 11262
 2-MKT-CM-'87
 "To develop the facts and determine your responsi
 bility, if any, in connection with your injury on
 or about 3:00 p.m., January 9, 1985 . . . . [Y]ou
 will be charged with violating Uniform Code of
 Safety Rules effective January 1, 1971, General
 Rule L. 'Constant presence of mind to insure
 safety to themselves and others is the primary duty
 of all employees and they must exercise care to
 avoid injury to themselves. . . '."

 Our reading of the charge satisfies us that it was sufficiently pre
 cise within the meaning of Rule 26 so as to put Claimant on notice of the
 allegations against him and to permit Claimant adequate opportunity to prepare
 a defense to those allegations.
 The Organization also asserts that the Hearing was unfair. We have
 carefully reviewed the record and find nothing to support that argument.
 With respect to the merits, we agree with the Organization that the
 Carrier has not sustained its burden of showing by substantial evidence that
 Claimant acted in a fashion violative of Rule L. The Carrier has pointed to
 nothing in the record to demonstrate that Claimant failed to exercise care to
 avoid injury to himself, was careless of his own safety or failed to properly
 protect himself. The Carrier's argument amounts to speculation that Claimant
 did not follow the requirements of Rule L by virtue of the fact that he was _fir
 injured. However, such speculation is insufficient to meet the burden placed
 upon the Carrier. See Second Division Award 10608. On balance, we believe
 that the Carrier has not sustained its burden. We shall therefore require
 that the reprimand be expunged from Claimant's record. Violation of the Rail
 way Labor Act is not properly addressed in this Forum.
 A W A R D




Attest:
        Nancy J. eyOf - Executive Secretary


Dated at Chicago, Illinois, this 21st day of October 1987.