PARTIES TO DISPUTE:



THE NEW YORK, NEW HAVEN AND HARTFORD

RAILROAD COMPANY


STATEMENT OF CLAIM: Claim of the American Train Dispatchers Association that:



OPINION OF BOARD: The Claimant in this case was given a 30 day suspension for his part in a train wreck. The Claimant was specifically charged with a violation of Rule 762. This rule provides:


A reading of the record as a whole shows that several of the Carrier's employes were culpably negligent and that any one of several of them could have avoided this accident if they had been attentive. The record also shows that the individual Claimant must assume his share of responsibility in that he "assumed" matters which as a matter of common diligence he had no right to under Rule 762. The Carrier was therefore not arbitrary and capri cious in disciplining him.


11555-2 340

FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:



That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;

That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and





    Claim denied.


              NATIONAL RAILROAD ADJUSTMENT BOARD

              By Order of THIRD DIVISION


              ATTEST: S. H. Schulty

              Executive Secretary


Dated at Chicago, Illinois, this 28th day of June, 1963.