(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE: (The Baltimore and Ohio Railroad Company

(1) Carrier violated the Agreement between the Parties when it determined that Agent-Operator F. G. Thompson was at fault for failure to deliver a train order on October 11, 1977, and suspended him from service for thirty (30) days, and

 (2) Carrier, because of such impropriety, shall clear the service record of Mr. Thompson in connection with charges and discipline assessed, and compensate him for all wage losses suffered during the thirty (30) day period he was suspended from Carrier's service.

 OPINION OF BOARD: On October 12, 1977, Carrier advised the Claimant to attend
 an investigation concerning a collision. Subsequent to the
 investigation, he was assessed a 30-day actual suspension.

 The Claimant was first-tour Agent-Operator at WN Tower, Carven, w
 West Virginia, on October 11, 1977, and Train 46, traveling east from Carven,
 struck Maintenance of Way track machinery and 3 poles.
 Certain procedural issues have been raised, but our decision on the
 merits of the case makes it unnecessary for us to comment on those assertions.

 A review of the record on the merits shows that the issue centers around an alleged failure by the Claimant to deliver Train Order No. 202 to the crew of train 46. The Employes insist that a "Clearance Form A" was completed and delivered to the train crews and was taken from the Conductor after the collision. The form properly showed the total number of train orders and messages.

 We have considered, at length, the varying assertions of the parties, and we have focused upon train crew assertions that it did not have Train Order No. 202. Certainly, we cannot account for the total disparity, nor can we resolve the disagreement in all aspects. But, our role in this case is limited to assuring that Carrier has presented substantive evidence to establish its charges against this employe. We feel that it has not, and we will sustain the claim because of a failure of the record to show evidence to establish that the Claimant failed to deliver the order.


        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 Agreement was violated.


                          A W A R D


        Claim sustained.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


ATTEST:
              Executive Secretary


Dated at Chicago, Illinois, this 30th day of January 1981.