(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (The Denver and Rio Grande Western Railroad Company

(1) The dismissal of Section Laborer J. T. Trejo was without just or sufficient cause and based on unproven and disproven charges (System File D-20-77/MW-13-77).

 (2) The claimant shall be restored to service with all seniority and benefits unimpaired and with pay for all wage loss suffered, all in conformance with Agreement Rule 28(d)."

 OPINION OF BOARD: The record shows that claimant was last employed
 by Carrier as a section laborer on March 2, 1976.
 He was originally employed on March 27, 1973, with several resignations
 and re-employment in the interim from March, 1973, to March, 1976.

 On May 5, 1977, claimant was injured when a spike he was going to drive flew when struck and hit his left shin. On May 13, 1977, he was again injured when he released the handle on a tiedown device, which hit him and bruise






Formal investigation was held as scheduled. Claimant sae present and participated in the investigation, and was represented by the local Chairman of the petitioning Organization. During the investigation no exceptions were taken by claimant or his representstive as to the charge or conducted. At the conclusion of the investigation claimant's representative stated that the hearing "has been held in accordance with the current agreement."

 On May 25, 1977, claimant was notified of his dismissal from service.
In the appeal on the property the General Chairman asserted that additional. charges were preferred after the investigation started, in violation of the Agreement. In the submission to this Board the Employes continue this assertion, and also contend that the charge did not contain the specificity required to permit the claimant and/or his representative to prepare a defense.

 It is well settled by case-law of this Board that if objections are to be taken to the notice of charge, the timeliness of the investigation, or the manner in which the investigation is conducted.-such abjections must be raised during the course of the investigation or they are considered to have been waived. Awards 144414, 16121, 16678, 22325, among others.

 As to the merits of the dispute, Carrier's Operating Pule 802 reads:





                    Docket Number MW-22526


        "in the service. Employes must not rely solely upon the carefulness of others, but must protect themselves when their own Safety is involved."


The above rules indicate clearly that an employe careless of his own safety or that of others will be subject to dismissal.

 Substantial evidence was presented in the investigation conducted on May 20, 1977, to show that claimant's injuries on May 5 and May 13, 1977, resulted from his own carelessness, which, together with his record since last employed, justified the Carrier's decision to dismiss him from service. There is no proper basis for this Board to disturb the discipline administered.

        FINDIMS: 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'bivision 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 ADJUSTMENT BOARD

                          By Order of Third Division


              d%L~

                00


ATTEST:
        Executive Secretary


Dated at Chicago, Illinois, this 31st day of Jhly l",