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

 STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

 (1) The discipline of dismissal assessed Section Foreman J. A. Wayland was without just or sufficient cause.

 (2) Claimant J. A. Wayland be reinstated back to service with all benefits sad rights unimpaired and he be compensated for all wage loss suffered because of the violation referred to above, this in accordance with Rule 28 of the Agreement (System File D-29-78/MW-17-78)."

 OPINION OF BQARD:, Section Foreman J. A. Wayland, the claimant, was assigned
 on June 12, 1978 to operate a hi-rail weed sprayer truck
 on the Westbound track on a double track railroad between the west switch
 at Helper, Utah, and Soldier Summit. At about 10:35 A.M. the train dispatcher
 issued the claimant a block authorizing him to occupy and operate the weed
 sprayer truck on the Westbound track between the west switch, Helper
 (Mile Post 626.4) and Lynn (Mile Post 632.0), until call. Subsequently the
 train dispatcher was informed by Assistant Signal Supervisor Trathen who
 was at Lynn that the weed sprayer truck was west of Lynn. The train dis
 patcher immediately alerted Trainmaster Higham and Roadmaster Baugham and
 Trathen to look for and find the weed sprayer truck since it was operating
 outside its block authority. Shortly thereafter claimant contacted the
 train dispatcher on his own from the wayside telephone at Mile Post 641,
 nine miles west of Lean, the west limit of his block authority. Claimant
 realized he was beyond his authorized limits which was the reason he called
 the dispatcher. The train dispatcher then issued block limits authorizing
 the claimant to operate between West Ryune and Colton and later between
 Colton sad Soldier Summit, where he was removed from service by Traiamaster
 Higham.

 Formal investigation was held on June 16, 1978 under the rules of the agreement. A copy of the transcript of the investigation has been made a part of the record. The Board has carefully reviewed the entire record, including the transcript of the investigation. We find that none of claimant's substantive procedural rights was violated. Claimant was dismissed from service on June 22, 1978.
                      Docket Number M'W-23127


The Board finds after carefully reviewing the entire record that the charges against the claimant were proven. The claimant testified that he was at Mile Post 641 when he called the train dispatcher which Mile Post was nine miles beyond his authorized block limit. He also testified that he did not have in his possession a copy of the current Time Table as required by the Carrier's Operating Rules.

 The principle has been well established that this Board should not substitute its judgment for that of the Carrier where it has produced substantial evidence that the offense charged was committed, however, the Board feels the punishment, in view of claimant's ten years of unblemished service, was excessive. We do not think that his actions justified the Carrier in depriving him of means of livelihood. We also believe because of this serious violation of the carrier's Operating Rules that he should not be restored to service as a foreman.

 It is the Board's conclusion, and we so award, that the claimant be restored to service with his former seniority as sect4onman, without any compensation for time lost while out of service; and without prejudice to his later being considered for promotion to foreman if his services warrant. In the event he is subsequently promoted to foreman within oneyear from the date of this aw restored. r

        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 imposed was excessive.

                      Award Number 22975 Page 3

                      Docket Number M4-23127

                      A W A R D


        Claim sustained in accordance with the Opinion.


                            NATIONAL. RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


ATTEST: A141194411rev

        Executive Secretary


Dated at Chicago, Illinois, this 12th day of September 1980.