(Brotherhood of Maintenance of Way Employes
 PARTIES TO DISPUTE:
 (The Akron, Canton & Youngstown Railroad Company

(1) The suspension of Ballast Regulator Operator P. A. Stover for thirty (30) calendar days was without just and sufficient cause and on the basis of unproven charges.

 (2) The Agreement and practice thereunder was violated when the General Chairman was not furnished with a copy of the investigation notice.

 (3) The claimant shall now be accorded the benefits prescribed in Agreement Rule 21.

 OPINION OF BOARD: Claimant P. A. Stover was regularly assigned as Ballast
 Regulator Operator when on July 11, 1974, Ballast
 Regulator Tic. 227 became inoperable because of transmission failure.
 Claimant was charged with violation of General Rule B, Rule 427 and Rule
 448. By letter of August 12, 1974, claimant was advised that the evidence
 presented at the investigation revealed that the machine became inoperable
 due to lack of lubrication. Said lubrication was claimant's responsibility.
 Resulting from this determination was the following discipline: disqualifi
 cation as a machine operator and thirty (30) days suspension from duty
 (July 22, 1974 - August 21, 1974).

 The evidence deduced at the hearing was circumstantial which resulted in said demotion and suspension. This Board recognizes the claimant's responsibility for his machine and that the circumstantial evidence is justification for the demotion of the claimant. The Carrier's action was a means of removing an employee from that position who was incapable of servicing his machine. This Board also recognizes that. to further penalize said employee by a punitive thirty (30) day suspension cannot be supported by the record, that is, the record does not support the fact that the employee knowingly neglected his responsibility and thus should receiv we find that the discipline assessed is excessive. Accordingly, we will set aside the thirty (30) day suspension.
                    Docket Number MW-21529


        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 discipline be reduced.


                    A W A R D


        The claim is sustained to the extent provided in this opinion.


                            NATIONAL RAILROAD ADJUSTIMNT BOARD

                            By Order of Third Division


ATTEST: A P4 a 4 ,

          Executive Secretary


Dated at Chicago, Illinois, this 29th day of July 1977.

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