(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

STAT SENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

 (1) The dismissal of Trackman Daniel R. Bale for alleged violation of Rule 176 was without just and sufficient cause and wholly disproportionate to the charge leveled against him (system File B-1867).

 (2) Trackman Daniel R. Bale shall be reinstated with seniority and all other rights unimpaired and be compensated for all wage loss suffered."

 OPINION OF BOARD: The Claimant Daniel R. Sale, wen employed by the St. Louis-
 San Francisco Railway Company on October 21, 1978 and on March 7, 1979 was a trackman in System Tie Gang T-1-10. On that day he was dismissed for violation of Rule 176:

An investigation was held on March 29, 1979 resulting in the Claimant's permanent dismissal.

 An examination of the record at the hearing reveals that on March 7. 1979 Claimant had failed to pull seven spikes aver a fifty foot length, that he had been warned before that his spike pulling rate was slowing the work of the gang and that he had to work faster. Claimant offered conflicting reasons far missing spikes, on the one hand that some of the crew were not doing their job and on the other that he tries to get every spike but doesn't see some. However, at no ties did he deny missing the spikes on that day. Although in service but five months, Claimant has been warned by supervision on some six occasions about his rate of work and has been moved to all types of jobs which apparently he cannot perform. He requires constant supervision, time which the foreman should devote to other duties. There was substantial evidence to sustain the Carrier's decision, and in view of Claimant's poor record over a short period of employment dismissal was not unreasonable.
                      Docket Number MW-23307


        FILINGS: 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 Employee involved in this dispute are respectively Carrier and Employee within the meaning of the Railway Labor Act, as approved. June 21, 1934;

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

        That the Agreement was not violated.


                        9 W A R D


        Claim denied.


                            NATIONAL RAILROAD ADJiF2AENT BOARD

                            By Order of Third Division


ATTEST: ~~ i
      Execut w Secretary


Dated at Chicago, I1ltaois, this 29th day of May 1981.

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