(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

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

 (1) The dismissal of Machine Operators L, A, Case, R. L. Moore, Trackmen J. M. Gibson and R. A. Lutz from service for allegedly violating
 "Rules 404, 427 and 448 of the Operating Rules" was improper, without just and sufficient cause, based upon unproven charges and in violation of the Agreement.

 (2) Machine Operators L. A. Case, R. L. Moore, Trackmen J. M. Gibson and R. A, Lutz be reinstated with seniority, vacation and all other rights unimpaired and that they with Rule 21,

 OPINION OF BOARD: This case, in essence, involves the same parties, schedule
 Agreement and letters of understanding that were involved in our Award No, 19566,

 We agree with the Opinion in Award No. 19566 that Carrier violated the letters of understanding but that Carrier's violation "is not of such magnitude as to warrant a
We believe it appropriate to reduce the measure of discipline. Accordingly, we shall sustain the seniority, vacation and all other rights unimpaired; but, we shall deny the claims for compensation for wage losses.



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



        That the Agreement was violated.


                    A W A R D


        Claim sustained to the extent indicated in the opinion, supra.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago, Illinois, this 23rd day of March 1973.

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