Brotherhood of Maiintenance of Way Employes PARTIES TO DISPUTE :
    Caaaalidated Hail Corporation (former The lieu Tork,

                  New Raven i Nartford Railroad Coapaxq~


STAB (H' CLAg(: 'Claim of the System Committee of the Brotherhood that:

 (1) Mae iiseipline (rrpwimna) imposed epos Trackman P. c. Famarrlea for alleged responsibility 'for an injury' sustained by him on June 9, 1980 and far alleged 'violation of Safety Sales 3000, 3006 (d) and 3568, Jima 9, 1980' was arbitrary, capricious, nmearraated and an the basis of unproven charges (System Docket Ho. IM-53),

        (2) Mie reprimand referred to is Part (1) hereof .hail be ex-

punged
          the wlaiatxt'a record.'


dPIMa G9 BOARD: Cm Jnae 2k, 1980' there was an investigation eandnctad
 to determine, first, Claimant's ·regpp~ibility, if
 any, far as injury allegedly sustained an June 9, 1980.. at Mansfield,
 Massachusetts, and a review of' Claimant's "past safety record and personal
 injury rec=d" mad, second, Claimant's "responsibility, if any, for" his
 'a11eged violation of Safety Inlta 3000, 3006(3) and 3658, am June 9, 1980
 at lLwfield, HassaCU:srtts.' As a result of the investigation the Carrier
 fount the Cla=t guilty of tba charges in both cases and assessed disci
 pline of a reptiaad.

 2his Division has a well established rals that in discipline cases the Carrier mot prove by direct, positive, material mad relevant evidence that the Maima.t vas guilty of the charges preferred against him. 'We find that the Carrier failed to do so in this case, and such failtae to prove the charge ma
        tMIFCS: The Tird Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:


        mat the parties waived oral hearing;


That the Carrier Lad the Employes involved is this dispute are respectively Chrrier and lb<ployes witliin the meaning of the Railvay Labor Act, as approved June 21, 1934;
                Award. Be:ber 24.412 ftp 2

                eoohut !mber W-24531


that this Division of the Adjustment Board has jurisdiction vier the dispute Involved herein; and

        That the Agreement vas violated.


                    A o A R D


        Claim. snstaisod.


                          NATIONAL EAEMAD AATWMCOT BOARD

                          By Order of Third Division


ATTEST: Acting fecntive saaretsry
 National Railroad Adjustment Board

 By B~

    _ % f1IsGVrJ.G BrusCh - A Kwi mutrgylve AssisTwrL


Dated at Cmicngo, Illinois, this 15th day of June 1983.

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