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NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 21769

THIRD DIVISION Docket Number MW-21642

Joseph A. Sickles, Referee

(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (Norfolk and Western Railway Company (Lake Region)

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

(1) The suspension of Assistant Foreman C. A. Lawrence for thirty (30) days and of Yard Cleaner Operator D. L. Thomas for ten (10) days was unwarranted and on the basis of unproven charges (System File M441UN-75-7) . (2) The claimants shall now be accorded the benefits prescribed in Agreement Rule 22(e). OPINION OF BOARD: Claimants were instructed to report for an investi gation concerning a collision of Yard Cleaner 20839 and a box car. Subsequent to the investigation, the Assistant Foreman was assessed a thirty (30) day actual suspension and the Machine Operator was assessed a ten (10) day actual suspension. The Claimants deny that they were responsible and assert, in defense to the charges, that the sander on the Yard Cleaner was inoperative and that the Operator's Our extensive review of the record fails to convince us that Ca.rrier was incorrect when it assessed the discipline, inasmuch as the record justifies a conclusion that the Employees operated in a negligent manner. Both Claimants admi governed their movements., but they did not stop for it. The fact that the sander may not have been working - or that vision may have been temporarily blocked - certainly does not negate the admitted "running" of the stop signal. The discipline was based upon substantial and credible evidence, and was not unreasonable, arbit

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;

Award Number 21769 Page 2

Docket Number b1W-21642 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 not violated. A W A R D Claim denied. NATIONAL RAILROAD ADJUSTt= BOE-RD By Order of Third Division ATTMOT Executive Secretax-j Dated at Chicago, Illinois, this 14th day of October 1977.