(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:

 (1) The thirty (30) day suspension of Machine Operator R, E. Wiley was without ,just and siifficicnt cause and wholly unwarranted (System File T-71-T-70/C;ise 753).

 (2) The personal record of Machine Operator R. E, Wiley be cleared of the suspcirsion and that ho 1·c compensated for :_11 wage Loss suffered, all in accordance with Rulc 25(i).

 OPINION OF ~·()A:~P: On Ani;ust 7, 1970, Garricr instructed Clrimant to report to< Milan, Tcnnessec, and to move Highway Truck Crane HTC-1 to McConnell, Tennessee, where tic: was to load a nu-;h or of track machines. The track equipment was to he transported on two trucks ;and, having loaded the first piece of equipment, it '.)ccamo riece;:sary to rcpn~ition the truck crane in order to load the other mnchincq. The Claimant asked Machino Operator floe to enter the truck cab of the cr.uw ;ind to place the truck in ro^nte control so that he could m.nneuv(x the s;i~·.o from his crane oper;~tnr's position, When Claimant started the truck cr.nnro'n on;-in,,, it wis net in rcvr·rse fear anal ran into the Ford truck. Claimant was stibseqncntlv notified to attend a he%aring scheduled to he held on August 18, 170. The hearing was postponed and subscqvently was held on August 21, 1970. After the hearing, Carrier addressed a letter to Claimant dated August 26, 1970, advising Claimant that lie had been found guilty of violating Safety Rule 274 and was suspended from service for a period of 30 days to commence August 31, 1970. The Organization contends that the 30 days suspension assessed was disproportionate to the all the hearing showed conclusively that the Claimant was negligent in allowing Roe to operate the involved cruipm^nt without telling hoe to takes the transmission out of gear; that Claimant admitted he knew that Roe had never operated a truck crane similar to the one in question; and that the discipline assessed because of such negligence was warranted.

 The record in this case discloses that Carrier entrusted Claimant with the Highway Truck Crane involved in this dispute. Carrier has the right to require the operation of allowed or delegated Mr. Roe the task of putting the crane in remote control, C1air:ant had the duty to issue, proper instructicrs and to ascertain that Mr. Roe understood and was capable of following such instructions. The record discloses


that Claimant knew that Mr. Roe had never operated the involved crane and was negligent in delegating the operation of this crane to Mr. Roe without proper instructions. It is not necessary that a serious accident involving injury or destruction to property should occur in order that an employe can be disciplined for acts of negligence. This Board finds that there is sufficient probative evidence contained in the record to show that Claimant was negligent in allowing the involved crane to be operated by an inexperienced employe without proper instructions. This Boar cases, this "oard will not substitute its judgment for that of Carrier unless Carrier acts arbitrarily or capriciously.

        FINDINGS: The Third Divi.ion of the Adjustment Board, upon the whole record and all the cviderce, firds and 1:0111^:


        That thn parLia- w.:i1·ed oral iicarinn;


That the Carrier .and the. Employes involved in this dispute are respectively Carrier and Employes within the mcaning of the hailwny Labor Act, as approved June 21, 153.4;

 That this `.`ivi·Jon :,F the Adjust.-amt Bo.1rd has jurisdiction over the dispute involved hcrcin: 'ind

        That the At,~rcc--wnt Wis not viol.ntrd.


                        A W A i~


        Claim denied.


                          NATIONAL RAILGOAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST: ~,._,q:~-~,E.: . °,t~
 Fxccutive Serrctary

 Dated at Chicago, Illinois, this 14th day of FeSruary 1973.

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