NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 24106

THIRD DIVISION Docket Number SG-24210

Herbert L. Marx, Jr., Referee

(Brotherhood of Railroad Signalmen PARTIES TO DISPULE: (

Southern Pacific Transportation Company

(Texas and Louisiana Lines)

STATEMENT OF CIAIZI: "Claim of the General Committee of the Brotherhood of
Railroad Signalmen on the Southern Pacific Transportation
Company (Texas and Louisiana Lines):

That the record of Signalman D. A. Kato be cleared of sixty (60) demerits assessed subsequent to investigation conducted on October 13, 1980." (Carrier File No. 294-36-A)

OPINION OF BOARD: Claimant was subject to as investigative hearing to determine
his responsibility is backing a Carrier vehicle into another
vehicle, resulting in "approximately $500 damage". Rule M243 was cited. This
rule, emphasizing normal safe driving requirements, commences as follows:

"No motor vehicle is to be set is motion until it is known that the way is clear."

There is no dispute as to the facts involved here. Visibility on the day of the accident was poor. Claimant's vehicle did strike another vehicle. As the Carrier determined, greater care could have been taken by the Claimant in ' the operation of the vehicle. He was assessed a penalty of 60 demerits, and the Board has no basis to disturb this judgment.

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 d'i'spute 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 24106 Page 2

Docket Number SG-24210

A W A R D

Claim denied.

' NATIONAL RAILROAD ADJUSTMENT BOPR D

By Order of Third Division

Attest: Acting Executive Secretary
National Railroad Adjustment Board

BY ~ h2.eLnz2.C , ~~-Gt-~~
Rosemarie Branch - Administrative Assistant

Date at Chicsgo, Illinois, this 14th day of January 1983.