Brotherhood of Maintenance of Way Employes PARTIES 7b DI3PU'fE:

STATWE2fi' OF CLAIM: "Claim of the System Committee of the Brotherhood that:

 (1) The dismiosal of Foreman B. L. Collins for his alleged 'failure to properly install rail anchors on track after tie insertions' on September 4, 1979 was without dust and sufficient ,use sad wholly disproportionate to such charge (Carrier's File 013.31-219).

 (2) Foreman B. L. 3ollins shall be reinstated with sesi.ority and all other rights unimpaired. and compensated far all wage loss suffered."

 OPINION OF BOARD: The record shows that claimant entered Carrier's service
 as a track laborer on April 1, 1968. Re was promoted to foreman on September 25, 1978.

 Following an investigation on October 3, 1978, claimant was dismissed from the service. The charge against the claimant read:









        "Rule E - Employee must render every assistance is their payer in carrying out the rules and instructions. Courteous co-operation between employee is required for proper functiow ing under the rules and instructions.


        The safeguarding of life and property is of foremost importances and the first duty and responsibility of em··. ployea is to prevent accidents.


        Rule 320 - They have charge of and are responsible for the safety of the men assigned to them. They x111 be held responsible for the thorough and economic execution of the work assigned to them.


        Rule 363 - Extra gang and welding gang foremen x111 report to and receive instructions from the rondmneter on whose territory they are working. They x111 have full charge of all forces under them and will be held responsible for carrying out in an efficient manner covering labor and materials.


        The Company intends to call Raedmaeter T. L. Barker as a witness in this matter.


        You are advised that you have the right to have e representative of your Union present to represent you and to request that witnesses in your behalf be preset."


In the investigation the Roadmaeter testified that he had repeatedly instructed the claimant (he stated at least 50 times) about anchoring ties at the close of work; and the instructions were to be sure that at the close ad each work day "he anchored up behind him every other tie;" affil that at the close of August he found various locations where the ties we" not pawparly anchored. Thr claimant testified that he replaced all rail anchor* that he removed.

 During the course of the investigation., the charge for September 4j, 1979 was dropped.

 We find that substantial evidence was adduced at the Investigation to support the charge for August 31, 1979, which coupled with claimant's prior records fully warranted dismissal.
                      Award Number 235 Page 3

                      Docket Number hffJ-23872


        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 Acts an approved June 21, 1934;

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

        That the Agreement was not violated.


                      A W A R D


        Claim denied.


                            NATIONAL RAILROAD AWUS240T HOARD

                            By order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago Illinois, this 29th day of January 1982.