(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (The Chesapeake and Ohio Railway Company ( (Southern Region)

(1) The disqualification of Mr. John J. DuFonr as a track inspector was without just and sufficient cause and on the basis of unproven charges (System File C(So)-D-343/MG-1703).

 (2) The benefits and privileges of Agreement Rule 21(e) shall now be extended to the claimant,"

 OPINION OF HOARD: There is no disagreement in the basic facts of this
 dispute. Claimant was employed as a Track
 Inspector. On September 27, 1976 while working inthat capacity, he
 inspected the condition of the rail on a curve at MP406, at Ames, West
 Virginia. on September 29, 1976 Aha'RAx Train No. 50 derailed at East
 Sewell, West Virginia, and during the course of investigation of the
 derailment, it was determined that it had its origin at the curve at
 MP406 where, from the physical evidence found at that time, the gauge
 of the track on the curve was wide.

 Claimant was required to attend a hearing on October 13, 1976 in connection with the charge:

As a result of the testimony developed at the hearing, claimant was disciplined by being "disqualified as Track Inspector, effective with close of business Friday, October 22, 1976".

 From our review of the testimony in the hearing record and from our evaluation of the arguments presented by both sides in this dispute, re cannot conclude that claimant is completely blameless.


However, based upon the complete record which is before us, including a total absence of any record of previous infractions by the claimant, we cannot find support for a permanent disqualification.

 Therefore, it is our decision that Claimant DuFonr should have his Track Inspector seniority reinstated so as to permit him to use such rights on subsequent Track Inspector positions which become available. All monetary portions of this claim are denied.

        FINDINGS: The Third Division of the Adjustment Hoard, upon the whole record and all the evidence, finds and holds:


        That the parties waived oral hearing;


That the Carrier and the Employee involved in this dispute are respective3J Carrier and EmplcVes within the meaning of the Railway Labor Act, as approved June u, 1934;

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        That the discipline was eseessive.


                  A W A R D


        Claim disposed of as per Opinion of Hoard.


                      HATIORAL RAILROAD ADJUSTS HOARD

                      By Order of Third Division


ATTEST: 442
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Dated at Chicago, Illinois, this 9th day of November 1979.

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