(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

STATE OF CLAIM: "Claim of the System Committee of the Brotherhood flat:

 (1) The suspension of Special Equipment Operator R. A. Cardovs for alleged violation of General Regulation 176 and. Rule 165 of the Rules for Maintenance of Way & Structures ties without dust or proper cause and as the basis of unproven and disproven charges (System File B-1Cpl).

 (2) The charge shall be stricken from the record end Claimant R. A. Cordova shall be reimbursed far the monetary loss suffered as stipulated in Agreement Rule 9(c)."

 OPINION OF BOARD: Claimant was employed by (terrier as a Special Equipment
 Operator. During the dates in,questioa he was assigned as Operator of the DL-920, an on-track dragline used in connection with track maintenance. His duties i
On September 8, 1977 at approximately 8:30 p. m.,o Crane DL-920 rolled from the cent track on which it teed been parked onto the passing track, where it struck a derail. Claimant was subsequently notified as follows:



Hearing was held Monday, September 19, 1977. Following the hearing, Claimant was suspended from service, without pay, beginning October 3, 1977 through October 7, 1977 "for the violation of Rule 176 and Rule 165 of ((terrier) Rules for the Maintenance of Way & Structures." Claim was filed by the Organization on behalf of


The Rules of import to the instant case read as follows:

 Rule 176:

 "Employee who are negligent or indifferent to duty, insubordinate, dishonest, immoral, quarrelsome, insolent or otherwise vicious, or who conduct themselves and handle their personal obligations is su s way that the railway will be subject to criticism and loss of good will, will not be retained is the service.

 "Employes failing or refusing to pay their just debts, or against wham bills are frequently presented to the railway far payment will, unless satisfactory reason is given, be dismissed from the service.

 "Unauthorized assignment of wages by employee is prohibited and will be sufficient cause far dismissal.

 "FSnployes must show on time slips, time books or payrolls required information as to work actually performed."

 Rule 165:

 "The normal position of a main track switch is for main track movement and it must be lined ancl locked is that position except when changed for Immediate movement. When a main track switch is lined in other than normal position, an authorized employs must remain near enough to switch to be able to line it for main track upon the approach of a train.

 "Normal position for switches leading from sJOing when not in use is lined for siding and locked.

 "When a train is approaching or passing, employee must not unlock a main track switch or stem within 30 feet of such switch*

 "Immediately after lining and locking switch for the main track, the employe handling switch moat see points fit properly, calling attention of those concerned in following manner: 'Switch lined and loc for the main track'. This statement must be acknowledged in similar words by one or more employee who observed switch lined and locked. When two or more track cars are using the same switch, the man opening the switch must reline it in normal position.


        "Derails must be in derailing position and locked after having been used."


According to the report of Special Agent Leonard F. Myersp entered without objection as part of the hearing record, Crane M 920 was found derailed with the mine for the controlled siding. In his testimony Claimant maintained that the derail had been lined properly and locked. Claimant's ara witness Foreman W. L. Daily testified that there had been no lock on the derail for at least five years. Special Agent Myers reported finding no chunks of wood at the derail site to indicate the crane wheels had been properly blocked. Claimant and his foreman testified at the hearing that the wheels of the crane had been properly chunked front sad back.

 Carrier resolved this direct credibility conflict against Claimant, assessing as discipline five days suspension without pay. We find no reason to overturn Carrier's judgmeat. Nor do we find the penalty assessed to be unreasonable or excessive. Accordingly the Claim is denied.

        FINDINGS: The Third Division of the Adjustment Board, upon the whole record and s11 the evidence., finds sad 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., 193+;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

        The Agreement was not violated.


                        A W A R D


        Claim denied. _


                            NATIONAL RAILRt3AD AIXTUB24ENT BOARD

                            By Order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago, Illinois, this 28th day of August 1981,