Louis Yagoda, Referee, (Brotherhood of Railroad Signal-men
 PARTIES TO DISPUTE



A. The i-Essouri Pacific Railroad violated the current Signalmen's Agreement, paxticularly Rule 700, when it failed to prove charges brought against Signal Maintainer W. C. Parker prior to and tried in an investigation held on April 15, 1976 at Chester, :=nois as follows:

B. The Brotherhood of Rail=road Sigza'm,.en requests that Mr. Parker be paid One Months pay, ~ih53.80, for ti=e lost, including any overtime earned by others on his assigned territory from April 20, 1976 to ?ay 2o, 1976 du-ring -which time he gas improperly held out of service." /Carrier file: K 225-70

 OPZNICT OF BU-RD: We find not sustain-red, contention of Cla·.-at's
 representatives that Claimant was not afforded
 his right to be not=fled explicitly of the charges on which he was to
 be tried in the notice summoning him to the investigation which
 resulted in Carrier's decision to apply the subject disciplinary
 dismissal. The description of the subject of hearing makes it
 unmistakably clear that Claimant is called to answer to the "repcrt
 that you failed to properly maintain the riot Box and Dragging equipment
 detector" at a specifically identified period. There could and shc1..1d
 h_gve been no doubt Lin Claimant's mind that the occasion was for the
 purpose of deve?oming the facts and placing responsibility, if any,
 (as the notice explicitly states) in connection with the svecifical ay
 identified accusation against him.


It was credibly established at tae investigation that on March 26, 1976 Carrier technicians found a hot box detector assigned to Claimant for maintenance surveillance and operative efficiency to have been seriously defective to an extent making it totally inoperative. The evidence further establishes that these conditions were within both the power and the duty of Claimant to have avoided or corrected.

 Claimant admitted that h= had prior knowledge of the deficiencies found in certain of its serious aspects. He testified that he had knowledge of tae damaged shutter on the detector for 15 days prior to March 26, 1976. He explained that on detecting this, he would lubricate the shutter "and it would work for a time". It appears clear that such known repeated failures called for a replacement of the shutter (Claimant admitted that a spare shutter was available). In spite of the fact that he stated he came into contact with the detector two or three times a week to change graph paper and had removed a tape from it only two days before YArch 26th, Claimant admitted that the last time he checked the piece of equipment was three weeks prior to March 26th. Yet Claimant acknowledged that he could have detected, by reading the graphs, that the detector was not functioning properly.

 Tae record also discloses admission by Clai=ant that he did not comply with tae requirements of Rule 537 that inspection shall be made as soon as practicable and any troubles detected corrected, after severe storms.

 These lapses in duty and in responsibilities are of serious negligence and created grave potentials of hazard to property, equipment, personnel, passengers and freight.

 We conclude that Carrier acted on valid and just grounds in imposing the subject thirty (30) days 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;
                    Award Vhmiber 2^2169 Page 3

                  Docket .dumber SG-22161


That this Di-=sion of the Adjustment Board has jurisdiction over the discute involved herein.; and

        That the Agreement :ms not violated.


                    A W A R D


        Claim denied.


                        M=eNAD RA.::LRCAD AJT,iUSTNNIT BoaRD

                ,~ By Order of Third Division


ATTEST:. Y =,·s",_9!i
 3aecuti'l=_ Secretary

 Dated all Chicaoc, =-Inois. ''.his 31 st day o° jui- 1 C C3.