PARTIES TO DISPUTE:



(1) The discipline imposed upon Machine Operator R. L. Peyton was without just and sufficient cause and on the basis of unproven charges (System File B-990).

 (2) The disciplinary demotion of Machine Operator R. L. Peyton shall be rescinded and he shall be allowed the difference in what he received at the laborer's rate and what he should receive at the ballast regulator's rate beginning July 18, 1978."

 OPINION OF BOARD: Claimant was a machine operator in carrier's track
 department at Birmingham, Alabama. On July 18, 1978,
 claimant was disqualified as a ballast regulator operator. Carrier gave
 two reasons for his disqualification: (1) his failure to keep up with the
 tie gang when operating the machine, and (2) his colliding with a spike
 master machine that was working ahead of him. This occurred on July 18,
 1978, while claimant was operating a machine near mile post R - 799.

 The general chairman of the organization requested a formal investigation. It was conducted on S has been made a part of this record. A review of the transcript reveals that a full and fair hearing was held and that claimant, as well as his representative, had ample opportu participants in the hearing.

 A review of the record also reveals that carrier had justification for disqualifying claimant as an operator. The record clearly establishes that claimant did have a problem keeping up with the other workers and machines on the job. It is also clear that claimant was responsible for running into another machine. The record establishes that claimant was not in complete control of his machine and was operating it when it needed a brake adjustment. Claimant is responsible for both incidents. Carrier has every right to expect that employes will operate machinery in a competent and safe manner. If they do not, carrier has the right to disqualify them and demote them, as was done in this case.
 Award Number 23016
 Docket Number MW-23069

 Page 2

 But while the board thinks that carrier was justified in disqualifying claimant in July 1978, it is not persuaded that claimant should forever be barred from seeking another promotion to machine operator. The board, therefore, finds the following:

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 over the dispute involved herein; and

 That the Agreement was not violated.

 AWARD
Jurisdiction

 Disqualification and demotion shall stand as tanned. Claimant however, shall be allowed to bid on machine operators jobs, if and when they become available.

 NATIONAL RAILROAD ADJfJSTMERT HOARD
 $y Order of Third Division

 ATTEST:

 Dated at Chicago, Illinois, this 17th day of October 1980.