Joseph A. Sickles, Referee


(Brotherhood of Maintenance of Way Employes PARTIES T0 DISPUTE: (Burlington Northern Railroad Company ((former St. Louis-San Francisco Railway Company)

 STAmIENT GF CLAZd: "Claim of the System Committee of the Brotherhood that:

 (1) The seven (7) days of suspension imposed upon Machine Operator H. W. maxey for alleged violation of 'Rule 176' and '.Rule 226' was without ,just and sufficient cause, unwarranted and on the basis of unproven charges (System File B-1709)

 (2) The claimant's record shall be cleared of the charges leveled against him and he shall be compensated for all wage loss suffered."

 OP12TIOll OF BOARD: The Claimant was suspended and was notified to report to an
 investigation concerning an alleged "negligence or indif
 ference" to duty. Subsequent to the Investigation the Employe was restored to
 service but did not receive payment for time lost during the suspension which
 essentially amounted to seven (7) days.

 At the investigation the Claimant conceded that the tamper that he was operating did collide with another tamper however he stated that he was unable to stop his machine because the brakes failed when "...the shadow board fell down and became wedged between the brake and the clutch pedals."

 Of significance to our consideration however is the testimony from the Claimant that although the "shadow box" was in an improper place and wasn't designed to ride where it had been placed it "...fell down from the place that I gut it."

 We have ruled on numerous occasions and we repeat herein that it is not incumbent upon us to substitute our judgment for that of the Carrier in disputes such as this no
There is evidence of record sufficient for us to determine that the Carrier had a basis for its action and accordingly we will deny the claim.

        F =MrdGS: The Third Division of the Adjustment Boardp upon the whole record and all the evidence, finds and holds:

                  Award :,-umber 24344 Page 2

                  Docket Number fW:-24333


        inat the parties waived oral hearing;


That the Carrier and the Employes involved 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 ADJUS'B,= BOARD

                        By Order of Third Division


ATTEST: Acting Executive Secretary
 National Railroad Adjustment Board

 By '
 Rosemarie Brasch - Administrative Assistant

 Dated at Chicago, Illinois, this 27th day of Apwil 1983.
I ,~ -e~- G F 11 VE

 J'~`:13~JJ
 -a\
 ~,~0 Ofr.~i..