(Brotherhood of Maintenance of Way Employee PARTIES TO DISPUTE:

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

 (1) The discipline of Maintenance Gang Foreman D. L. Pinkele (Disqualified as Foreman and Assistant Foreman. 10 days suspension, April 15 through April 26.) was improper, arbitrary, capricious and without just and sufficient cause (System File D-11-24-8).

 (2) Claimant D. L. Pinkele be returned to his former position as maintenance gang foreman with seniority as such unimpaired and he be allowed eighty (80) hours of pay at the maintenance gang foreman's straight-time rate for the period April 15 through April 26, 1974.

 (3) Mr. D. L. Pinkele also be allowed the difference between what he would have received at the maintenance gang foreman's rate and what he was paid at the rate of the position he occupied beginning April 27, 1974 continuing until he is returne
OPINION OF BOARD: Claimant D. L. Pinkele, Maintenance Gang Foreman, was sus-
 pended for a period of ten days, and also was disqualified as a gang foreman and gang assistant foreman, due to Carrier having found him guilty of falsifying a rail report, bearing responsibility for sub-standard track repairs, and failing.to protect Carrier's property from pilferage. There is evidence in the transcript of the formal investigation on the property which supports these charges. Claimant therefore engaged in serious failures to properly discharge his dut the actions Carrier took against him constituted an abuse of its discretion.



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









                        By Order of Third Division


ATTEST: ~ ~r ~~
 Executive Secretary

 Dated at Chicago, Illinois, this 12th day of December 1975.