Joseph A. Sickles, Referee


(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE :
              (Consolidated Bail Corporation


STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood of
 Railroad Signalmen on the Consolidated Bail Corporation (former Nov York Central - Lines West):

 On behalf of R. V. Gallinat, who was suspended thirty days for an incident that occurred at Livernois Avenue on Monday, October 29, 1979 that his record should be cleared and he should be paid for all wages lost.;'

 (System Docket 1444)

 OPINION OF BOARD: On October 30, 1979, Claimant was notified to attend an
 investigation concerning an incident with a vehicle. Subsequent to the investigation, the Carrier suspended the Employe for "30 actual working days."

 Certain procedural matters have been raised by the Employs and considered by us; but we see no impediment to a consideration of the case on its merits.

 The record shows that when the Claimant attempted to start the "gang truck", it moved in reverse and pinned one of the cwdbers of the gang, thereby causing a personal injury. However, the Organization insists that the truck had a faulty transmission.

 Our reading of the record convinces us that the Eaploye did not exercise the full degree of care which vas reasonably required by the circumstances. However, we do were taken in total disregard of the safety of others, or that it was grossly negligent. Accordingly, we will only approve a suspension four seven (7) actual working days.

        FI1mIlgIS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:


        That the parties waived oral hearing;

                      Award Number 23545 Page 2

                      Docket lfwber SG-24035


That the Carrier and the Employee involved in this dispute are respectively Carrier and Employee within the waning of the Railway Labor Acts as approved June 21p 1934=

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

        That the discipline was excessive.


                        A H A R D


        Claim sustained in accordance with the opinion.


                            aATIOLUL RAILROAD AWUS24MT BOARD

                            By order of Third Division


ATTEST:
      Executive Secretary


Dated at Chicagos Illinois., this 26th day of February 1982.