(Brotherhood of Railroad Signalman PARTIES TO DISPUTE:

STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood -

On behalf of Mr. W. R. Moore, Signalman, in Signal Crew #131, for reimbursement of five days compensation, when Carrier violated, Rule 54-C of the current Signalman's Agreement and also, assessed him harsh and unfair discipline of five days actual suspension." jGeneral,Chairman's file C-77-115. Carrier's file SI-20 5/10/77 As/

 OPINION OF BOARD; Claimant, another Signalman, and an Assistant
 Signalman were assigned to change out wires between the signal head and a junction box. After completing the work they failed to make tests which are required by the rules.
fault. Claimant was given five days actual suspension. The other ^/~
 Signalman was given only a reprimand. Carrier based its disparate
 treatment-on the fact that Claimant was the senior employe and was
 in charge.

 The record shows that the supervisor had not placed Claimant in charge: of the work. At the investigation claimant said he was senior and "supposed" he was in charge. Notwithstanding what Claimant "supposed" there is no basis in the record for finding that Claimant
 was is a leading position. He and the other signalman were equally -.
 responsible for the improperly done work and should have received
 equal discipline. There wer¢ no circumstances, other than Claimant's
 seniority, to base a different measure of discipline upon.


        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 discipline was excessive.


                    A W A R D


        Claim sustained.


                          NATIONAL RAILROAD ADJUSTU` BOARD

                          By Order of Third Division


        ATTEST: Executive Secretary


        Dated at Chicago, Illinois, this 24th day of August 1979.