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




Parties, when, on April 18, 1980, it imposed discipline of 5 days suspension
 from Carrier's service upon Yard Clerk Edwin V. Wilder as a result of investigation
 held April 11, 1980, and

 (2) As a result of such impropriety, Carrier shall be required to reimburse Claimant E. V. Wilder for lost wages in connection with his suspension from Carrier's service, April 26 through April 30, 1980, and that his record be cleared of charges and discipline in connection therewith.

 OPINION OF BOARD: Claimant, a Yard Clerk with six years of seniority, was
 charged with the improper preparation of a data card and
 consist incorrectly identifying a "restricted" multi-level auto hauler as an
 "unrestricted" multi-level car. The equipment was dispatched as "unrestricted".
 The car struck a bridge causing approximately $4,000 in damages to the car. An
 investigation was conducted after which Claimant was found guilty of the charges
 and suspended for 5 days. Claimant contends that he was not afforded a fair and
 impartial hearing and that the discipline was excessive.

Claimant was served with written charges. He appeared at the investigation and was represented by th a defense; opportunity to produce and examine evidence; opportunity to produce, examine and cross-examine witnesses, all of which he utilized. Accordingly, the Board finds that the elements of a fair and impartial investigation mandated by Rule 47 were met.

 At the investigation Claimant testified that he had much experience, almost daily, with over-sized cars, that he knew the procedure for the preparation of data cards, consist and clearance instructions of multi-level or over-sized equipment. Nevertheless Claimant had no explanation for his error. As a result of the improper identification of the car it became involved in an accident causing it substantial damage.

 This Board holds that the record fully supports the finding that Claimant did not carry out the duties of his assignment and further that his negligence resulted in a serious accident.


With regard to the discipline imposed, the Boars is of the opinion that, under all the circumstances, it is not excessive. The claim is therefore denied in all respects.

 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 irv olved in this dispute are respectively Carrier and Employes 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.


                        A W A R D


        Claim denied.


                            NATIONAL. RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest: Acting Executive Secretary
        National Railroad Adjustment Board


BY
        Rosemarie Brasch;,- Administrative Assistant


Dated at Chicago, Illinois, this 14th day of April 1983.E CEI VED,
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