"l. That the Florida East Coast Railroad Company, in violation of Agreement Rule 24, unjustly dismissed Machinist R.T. Jennings and C.F. Sommerkamp from service effective August 18, 1994, as a result of formal investigation on August 10, 1994 and accordingly;

2. That the Florida East Coast Railroad Company restore Machinists

R.T. Jennings and C.F. Sommerkamp to service with seniority

rights unimpaired, and:

3. That the Florida East Coast Railroad Company make Machinists

R.T. Jennings and C.F. Sommerkamp whole for all time lost as a

result of the unjust discipline, and;

4. That the Florida East Coast Railroad Company take necessary

action to credit Machinists R.T. Jennings and C.F. Sommerkamp

for Railroad Retirement, Vacation and Personal Day purposes; and

make all contractual health and welfare premium payments to

which Claimants would have been entitled by reason of their

continued employment."

The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee 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.

Parties to said dispute were given due notice of hearing thereon.

Claimants were dismissed from the service of the Carrier on August 18, 1994 as a result of an Investigation held on August 10, 1994.

The record of the transcript reveals the Claimants, by their own admission failed to place blue flag signals protecting the track wnich they were working. In addition, the switch providing access to the track was lined for entrance. As a result of these safety violations the Carrier was fined $5,000 by the Federal Railroad Administration.

The Organization argues the Claimants were not given a fair and impartial Hearing and that the discipline assessed was unwarranted and was not fair and impartial.

The Carrier argues that the safety violations were severe and dismissal is warranted.

There is no question of the Claimants' guilt. In a similar case before this Board in Second Division Award 11743 the Board held:

"Standing alone, a blue flag violation is a serious Rule infraction that calls for severe discipline. Safety in general and adherence to Federal Blue Flag Regulations in particular is given top priority in the Railroad industry. Claimant has a less than stellar work and discipline record. lie has numerous Letters of Warning for absenteeism. He has been involved in numerous lost time accidents over his vears with Carrier and he has received a five- and a ten-day Suspension under Carrier's Discipline Policy. Carrier has argued in this record that in light of Claimant's record. its progressive discipline policy requires that dismissal for such a severe infraction is more than appropriate. This Board has no authority to modify

Carrier's actions in this case. We cannot conclude that Claimant's dismissal from service is arbitrary or capricious, given the total record before us."

In this case the Board concurs with the above finding. However, the employees in this case do not have a deplorable work record. Therefore, the Boara finds the discipline assessed to be excessive and orders the Claimants to be returned to service, with seniority unimpaired, but without any pay for time lost.

AWARD