(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:

STATEMENT OF CLAIM: "Claim of the General Committee of the Brotherhood of
 Railroad Signalmen on the Consolidated Rail Corporation (former Lehigh Valley Railroad) involving the question:

 That Signal Maintainer John Eorio be paid for all benefits and time lost due to his suspension from service for a period of sixty three days commencing May 9, 198O.~

 OP33ION OF BOARD: The Claimant, Signal Maintainer John Eoirio, after in-
 vestigation,, was suspended for a period of 63 days commencing on May 9, 1980· The Organization claims that Carrier failed to establish that Claimant was guilty of any offense.

 At the time of this discipline, Claimant was assigned as a Signal Maintainer at South Plainfield Garage, South Plainfield,, New Jersey. His regular tour of duty was from 7:00 A.M. to 3:30 P.M.

 The incident which led to Claimant's discipline occurred on may 8, 1980. During that day Claimant performed signal revision work at Krimko Switch., which was within his assigned territory. Carrier asserts that Claimant performed this walk improperly. Specifically., it argued that Claimant removed the signal circuits from the circuit controller without proper paint protection. In addition, according to Carrier, Claimant failed to perform the required testing of the signals system which, as a consequence of the signal revision, showed a false proceed signal at Signal 191.

 After discovery of the problem on Signal 191 on May 9, 1980, Claimant was removed from service. As a result of this incident, Claimant was notified to attend an investigation on May 16, 1980 is connection with the following charges:


                  Award Number 24072 Page 2

                  Docket Number SG-24055


          ... "Alleged-violation - Changes and Tests Incident thereto C&S 23 #25q - Before final cutover, all circuits changed must be thoroughly tested as far as possible, and final arrangement must be tested in entirety by a supervisory employee other than the man in charge.


          "Insofar as you removed the signal circuits fray the circuit controller at Krimko Switch, on may 8, 198o leaving the snitch without point protection and not properly tasting tie Signal System when work was completed. Resulting in a false pn'ooeed signal at 191 Signal location track +l, which was discovered by Assistant Supervisor F. Wilxwaki on May 9, 1980."


On June 4, 198o, her informed Claimant that he had bees found guilty of the charges brought against him. He vas informed that he vas dismissed from Carrier's cerv
At a later date July 11, 1980, Carrier informed the General Chairman that the discipline imposed was to be changed to a suspension consisting of all the time held out of service. As a result, Claimant returned to service on July 15, 1980·

 After reviewing the evidence on the record, we must conclude that Carrier shouldered its burden of establishing that Claimant is guilty of violating the rules quoted in the charge. Stated simply, we are persuaded that Claimant failed to provide sufficient point protection an the Krimko Snitch on May 8, 1980. His actions resulted in a false proceed signal at 191 Signal which could have resulted in a serious accident. Nothing in the record convinces us that Claimant's action vas appropriate.
The final question that remains is whether the imposed penalty is appropriate. This Board has reputedly determined that it x111 not overturn penalty assessed unless that penalty is arbitrary, capricious or excessive* Given the seriousness of a proven offense, we are convinced that the penalty here is not arbitrary, capricious or excessive. Thus, we will deaf te claim in its entirety.

        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 manning of the Railway labor Act, as approved June 21, 1934;
 Axard Number 24012
 Docket Number SG-24055

 Pace 3

 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.

 ATTEST: Acting Executive Secretary

 NATIONAL RAILROAD ADJOSTMENT BOARD
 By Order of Third Division

 National Railroad Adjustment Board

 BY
    o ~e~rie Breach - Administrative Assistant


Dated at Chicago,, Illinois this 20th day of October 1982.