NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 19740

THIRD DIVISION Docket Number MW-19623

John H, Dorsey, Referee

(Brotherhood of Maintenance of Way Employee PARTIES TO DISPUTE: (Burlington Northern Inc. (Formerly Spokane, Portland ( & Seattle Railway Company)

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

(1) The ten (10) day suspension of Carpenter R. G. Hansen was without just and sufficient cause and on the basis of unproven charges (System File 337E/MW-20(b) - 1/25/71 B),

(2) The personal record of Carpenter R. G, Hansen be cleared of the charge and he shall be compensated for wage lose suffered, all in accordance with Article V, Rul
OPINION OF BOARD: Under date of October 26, 1970, Claimant, inter alia, was
served with the following notification signed by Carrier's
Superintendent.

"You are hereby notified in accordance with the provisions of your respective schedules to be present in the Astoria Depot, Astoria, Oregon, 10:00 a.m., Monday, November 2, 1970, for formal investigation to determine facts and place responsibility in connection with B&B Crew 111 having motor car, hand crane and push car in their charge struck by Train 1313-23, Extra NP 810 West, Conductor Booth, Engineer Vaughn at M.P. A-61,7 about 9:10 a.m., October 23, 1970."

Investigation was held at the appointed time and place. Thereafter, Carrier found Claimant guilty of violating General Notice Rules 1 and 2 and Rule 2331 of the Safety Rules and Admonitions for the General Guidance and Protection of Employee when, on October 23, 1970, a motor car, hand crane and push car he was piloting was struck by Train 1313, Extra NP West. The discipline assessed was 10 days suspension.

From our review of the record we find: (1) Claimant was afforded due process; (2) Carrier's finding of Claimant's guilt is supported by substantial evidence of probative value; and (3) the discipline assessed -- 10 days suspension -- was not unreas
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Arard Number 19740 Page 2

Docket Humber r1W-19623

FINDI7wS: The Third Division of the Adjustment Hoard, upon the whole record and all the evidence, finds and holds:

That the parties waived oral hearing;

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

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

Carrier did not violate the Agreement.

p W A R D

Claim denied.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

ATTEST: Executive Secretary

Dated at Chicago, Illinois, this 11th day of play 1973.

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