(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (Louisville and Nashville Railroad Company

(1) The record suspension of forty-five (45) days imposed upon Foreman T. E. Wolfe for alleged 'responsibility in connection with the loss of radio A-3564 an or about Nay 7 - 10, 1976' was capricious, arbitrary, without just and sufficient cause and on the basis of unproven charges LSystem File 1-16 (45)/D- E-306-12/.

 (2) The claimant's record be cleared of the charge placed against him in accordance with Rule 27(f)."

 OPINION OF BOARD: Claimant, a foreman, was assigned a walkie-talkie
 radio which he left in his truck on carrier's
 property over the weekend. When he returned to work on Monday morning,
 the radio was missing. Following investigation, Claimant was found
 guilty of negligence on the ground that he had neglected to take the
 necessary precautions to prevent loss of the radio. He was, accordingly,
 assessed a 45-day suspension against his record, with the injunction
 that he "comply strictly with the company's rules and special
 instructions."

 One of the witnesses who testified at the hearing stated that Claimant left the radio on the dash of his truck; another witness and Claimant himself testified that the radio was left on the seat. The customary practice was to hide the radio under the driver's seat of the truck.

 In view of the testimony, including Claimant's acknowledgment that he failed to take steps to conceal the radio, we find that Claimant was negligent and that the discipline meted out was not unreasonable or arbitrary under the circumstances. We will deny the claim.


        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 aver the dispute involved herein; and

        The Agreement was not violated.


                    A W A R D


        Claim denied.


                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        By Order of Third Division


        ATTEST: Executive Secretary


        Dated at Chicago, Illinois, this 15th day of June 1979.