(Brotherhood of Railway, Airline and Steamship Clerks ( Freight Handlers, Express and Station Employes ( (Formerly Transportation-Communication Employees Union) PARTIES TO DISPUTE: (Maine Central Railroad Company Portland Terminal Company

 STATEMENT OF CLAIM: Claim of the General Committee of the Transportation
 Communication Division, BRAC, on the Maine Central
 Portland Terminal Company, T-C 5861, that:

 1. Carrier violated the terms of the agreement when it assessed thirty (30) marks against the service record of Operator D. C. Smith.

 2. Carrier shall be required to clear the record of Operator D. C. Smith of the thirty (30) marks assessed against him.

 OPINION OF BOARD: Claimant D. C. Smith was working an Operator's position in
 Tower #1 at approximately 8:14 p.m. on June 25, 1971, when a switching derailment occurred in the vicinity of signals under his control.

 An investigation was held to determine Claimant's responsibility, if any, "in taking the controlling signal away from a crew which had your permission to shove cars west track II1 westerly onto track -0)2." Upon conclusion of the Investigation, Claimant was disciplined record.

 In the handling given this dispute on the property, and before this Board, in addition to handling on the merits, Petitioner also alleges a number of procedural defects procedural arguments and the authorities relied upon and, in our considered judgment, find them to be without substance. The transcript of the Investigation develops without qu against him were when he appeared and participated in the Investigation. Moreover, the transcript in not offer testimony or evidence in the course of his role as Investigating Officer, as alleged. We will, therefore, dismiss all procedural allegations made by Petitioner.

 Regarding the issue of Claimant's responsibility for the derailment, examination of the evidence in 8:14 p.m. on June 25, 1971, Claimant Smith had properly lined up controlling signals to permit a crew to shove cars westerly on track I#2. Several minutes later he received advice that the crew had completed their switching west of the signal and, upon receiving a request from another crew, he took the signal


away from track #2 and lined the signal and switches so that a different crew could make a movement from track #1 onto track #22. At this time the first train crew ran past the signal, which was then in a Red stop position, and the derailment resulted. Based on the evidence it is difficult for us to place responsibility for the derailment upon the Claimant. There is nothing in the record to indicate that when Claimant determined that the first series of movements were completed, it was not proper for him to line up the signal and switches for the second series of movements. We will, therefore, set aside the assessed discipline.

        FINDINGS: The Third Division of the Adjustment Board, 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 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.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST: ~· i
 Executive Secretary

 Dated at Chicago, Illinois, this 31st day of October 1973.