"Claim of the Committee of the Union that:

1. That the Springfield Terminal Railway Company violated the terms

of our current agreement, in particular Rule 13.1 when they

arbitrarily suspended Ralph K. Barnes from service as a result of

an investigation held on January 22, 1998.

2. That, accordingly, the Springfield Terminal Railway Company be

ordered to compensate Carman Ralph K. Barnes in the amount of

eight (8) hours for each work day he was withheld from service

commencing February 12,1998 through and including February 13,

1998. Also, any other compensation lost as a result of this

investigation."

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

After driving with fellow Carman James Greene to Worcester Yard on December 10, 1997 to inspect train TV 96 at that location, the Claimant parked the Company's truck in close proximity to a track on which a ballast regulator owned by Conrail had been sitting. The two men performed their inspection in approximately two hours and returned to their truck, intending to depart. As Green opened the door on the passenger side of the truck and put his equipment inside, the ballast regulator began to move, causing the extension door on that unit to collide with and damage the open door of the Carrier's truck.

The Carrier notified the Conrail Supervisor in charge, explained the situation and suggested that Conrail take appropriate disciplinary against the operator of the ballast regulator. Following Investigation and Hearing, it then assessed a two-day, disciplinary suspension against the Claimant and co-worker Greene.

The Organization asserts that the evidence in this matter reveals no negligence on the Claimant's part contributing to this mishap. The Board agrees with that assessment. After careful review of the record, we conclude that while the Carrier's charges against Greene and its recommendation to Conrail to investigate the actions of its employee made abundant sense, a Rule violation insofar as the Claimant is concerned would depend entirely upon a finding that he had improperly parked his truck too close to the track on which Conrail's equipment was operating.

The record does not support such a finding. The evidence indicates that Barnes properly parked the Carrier's truck. The Carrier witness Melvin, sent to Worcester to do a safety review following this accident, testified as follows in response to the question of whether the Carrier's tuck was parked in the clear: "I'm sure if the truck was fouling, I probably would have made note of it and mentioned it to them."

Having determined that there is insufficient record evidence to support the Carrier's finding of negligence, the Board sustains the claim.

AWARD