(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (The Western Pacific Railroad Company

(1) The demotion of Track Foreman T. Valdez and the reprimand placed on the personal record of Track Laborer Hisidro Palafox were without just or sufficient cause (System File B-Case No. 11007-1977BrEJE Local Case No. 204).

 (2) Claimant Valdez shall be reinstated to his position as track foreman, his record cleared of the charge and he be allowed the difference between what he was paid as a track laborer and what he would have been paid at the track foreman's rate of pay if he had not been unjustly demoted.

 (3) The letter of reprimand placed on Claimant Palafox's record be removed."

 OPINION OF BOARD: On January 28, 1977, the Claimants were engaged
 in coupling a truck and trailer. Foreman Valdez
 was backing the truck to the tongue of the trailer and upon a signal
 from Claimant Palafox he stopped. Claimant Palafox attempted to
 attach the trailer but in so doing he injured the index finger on
 his left hand.

 In testimony at the appropriate investigation it developed that, according to Palafox, "he didn't know what happened. The truck jumped back and caught his finger after it stopped." The Foreman testified that when he stopped the truck he turned off the ignition key and intended to get out to help couple the trailer. However, this particular engine had a habit of continuing to fire or diesel after the ignition was turned off. He released the clutch before the engine stopped ruanfag, which caused the movement of the truck and consequent injury to Palafox. Claimant further testified that he had given no instructions to the man under his supervision with respect to a safe and proper manner to perform the operation. It is


obvious from the foregoing that the actions of the Foreman contributed to this incident which might have been more severe. Claimant Palafox testified that he had been instructed by other officials about care in doing his job, about where his hands should be placed in various activities, and the importance of being careful to avoid injury. Apparently, there was a short lapse of awareness at this particular time.

 Among railroad men, there must be a constant awareness of the utmost necessity to conduct themselves and the operation with a maximum degree of safety. The reasons are so obvious and wellunderstood that they need not be elabor
In the case under adjudication, the Carrier was within its rights to take some form of disciplinary action to help assure the utmost consciousness with respect to matters affecting the safety of persons and the operation. However, it is our judgment that permanent demotion constitutes an excessive penalty for the negligence illustrated in this case.

        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 Division of the Adjustment Board has jurisdiction over the dispute involved herein.

 That the. discipline to Claimant Valdez was excessive and the
 Agreement was not violated as to Claimant Palafox.
 A W A R D
Claimant Valdez shall be restored to his former rank of Foreman without pay adjustment for the period of his demotion.

        The claim of Mr. Palafox is denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD OOAZL By Order of Third Division


ATTEST: ~!

        Executive Secretary


Dated at Chicago, Illinois, this 28th day of September 1979.