Josef P. Sirefrmn, Referee


      (Brotherhood of Railway., Airline and Steamship Clerks, PARTIES TO DISPUTE: ( Freight Handlers., Express and Station Employes


                      (The Baltimore and Ohio Railroad Company


o STATEMENT OF CLAIM: Claial of the System Committee of the Brotherhood
 (GL-9311) that:
 (1) Carrier violated the Clerk-Telegrapher Agreement rhea it
 erroneously determined that Mr. J. I. White violated Rule 951 of Carrier's
 Operating Hook of Rules on December 29, 197T, and suspended him for fifteen (15)
 days, and
 (2) Because of such wrongful action, (terrier shall nor be required
 to exonerate Mr. J. I. White and compensate him for lost rages suffered the date
 of February 3, March 1, 2, 3, 5s 6s T, 8r 9, 10, 13, 14 and 15, 1978, and clear his \
 service record of all charges in connection therewith.
 OPINION OF BOARD: Claimant, J. I. White, Operator, was served with a notice of
 investigation "to determine your responsibility, if arty, in
 connection with derailment units 6533 and 4027 about 12:55 PM, Thursday, December 29,
      1977...". An investigation was held on February 3, 1978 and on February 27, 1978

      Claimant was suspended fns fifteen actual days.


      A review of the retard before the Board establishes through competent evidence that Claimant was responsible for improperly misaligning a switch at the time of the occurrence. There was substantial evidence is the record to sustain the (terrier's decision to discipline Claimant. Given the seriousness of Claimant's actions the fifteen day actual suspension was reasonable.


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


              That the pasties waived oral hearing;


      That the Carrier and the Employes 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 dispute involved herein; and


              That the Agreement was not violated.

Award Number 24015
 Docket Number CL-23813

 Claim denied.

 ATTEST: Acting Executive Secretary
        National Railroad Adjustment Board.


BY
    o marie Breach - istrative Assistant


Page 2

 NATIONAL RAILROAD ADJW2ENT BOARD
 By Order of Third Division

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

 ~GEIVED

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