(American Train Dispatchers Association PARTIES TO DISPUTE:

STATEMENT OF CLAIM: Claim of the American Train Dispatchers

(a) The Seaboard Coast Line railroad Company (hereinafter referred to as "the Carrier") violated Agreement in effect between the parties, Articles IX (a) and IX (b) thereof in particular, by its action on July 1, 1976 in assessing discipline by placing a letter of reprimand in the employment record of train dispatcher W. L. Ford. The record of the formal. investigation held on June 16, 1976 failed to establish that Claimant violated Carrier's Operating Rules as alleged, thus Carrier's action in imposing discipline without evidence of wrongdoing or rule violation was arbitra of managerial discretion.

 (b) The Carrier shall now be required to clear Claimant's employment record of the reprimand referred to in paragraph (a) above.

 OPINION OF BOARD: Train Dispatcher Ford was reprimanded for
 failing to detect an error in a train order as repeated by one of the two operators to whom he had issued it.

 The only evidence in the record supporting the Carrier's action is the testimony of one of the operators, which testimony is
 in conflict with the claimant's, and with the testimony of the n,
 second operator. Claimant's testimony that the first operator cor
 rectly repeated the order to him is corroborated by the second
 operator, who heard the same conversation. The statement of the
 first operator is uncorroborated by other testimony or other evi
 dence, and is insufficient to overcome the preponderance of
 evidence that claimant performed his job properly.
                    Docket Number TD-22001


Carrier contends that a reprimand is designed to serve as a guide for future conduct, and does not require as much supporting evidence as more severe disci
This Board does not accept such contention as valid. The reprimand in question is based upon alleged failure to comply with operating rules, and the Carrier has failed to prove by clear and convincing evidence that a violation occurred. Therefore,
 Cthere is no basis for any disciplinary action--even a reprimand. ~7

          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 i:.-,.


          Claim sustained. ; ,-_--


                            NATIONAL RkILFDAD ADJUSTMENT BOARD

                            By Order of Third Division


ATTEST:
 Executive Secretary

 Dated at Chicago, Tllinois, this 14th day of April 1978.