(Brotherhood of Maintenance of Way Inployes PARTIES TO DI^aPUTE:

STATMW OF CLAIM: "Claim of the System Committee of the Brotherhood. that:

 (1) The thirty (30) demerits imposed upon Truck Driver R. E. Connin far alleged responsibility for an accident on August 26, 1980 and his dismissal for 'an accumulation in excess of ninety (90) demerits' was without just and sufficient cause and on the basis of unproven charges (System File 6-22-11-1455/a13-210-C).

 (2) The thirty (30) demerits shall be expunged from the claimant's record., he shall be reinstated with seniority and all other rights unimpaired. and he shall be compensated for all wage loss suffered.

 OPINION OF BOARD: By letter dated September 8., 1980 Claimant, truck driver
 R. E. Cronin was notified that he had been assessed thirty (30) demerits against his personal record. He was accused of allegedly striking a priv semi Mil 25401 which Claimant had allegedly been driving between 4:00 and 5:30 PM on August 26s 1980; in addition Claimant was accused of not having reported this accident. Since the demerit assessment related to this incident put Claimant's persona forfeited right to waive investigative hearing which was scheduled for September 24, 1980. After the hearing Claimant was advised by letter dated October 11p 1980 that he had been found guilty as charged and because of demerit accumulation was dismissed from service in accordance with current Agreement Rule 48.

 A review of the record shows that after the carman reported the damage to his personal vehicle, which damage was sustained between approximately the hours of 3:00 a 1980 while it was parked along the main road to the Car Repair Facility of Carrier's Green River, Wyoming yards a subsequent investigation by Carrier Special Agent established evidence linking the low-boy trailer and truck Claimant had driven that afternoon to the carmn's dam both vehicles and part of a red plastic safety reflector from the can's vehicle which was found lodged in the low-boy trailer STN-86 which was pulled by the Mack tractor which Claimant had been operating on the day in question. To state that the carman night have backed his vehicle into the low-boy trailer is a line of reasoning which merely reinforces°the circumstantial evidence which nothing in the record supports this line of reasoning. Further, to state that


Claimant was oblivious of having damaged the aarman's vehicle, which sustained over $500.00 in needed repairs, appears less than credulous to the Board. Should this have been true, however, it would only absolve the Claimant of not having reported the accident; it does not absolve him of carelessness for having perpetrated. the incident in the first place. The assessment of the thirty (30) demerits by the Carrier, given the circumstances of the instant case, is neither unreasonable, capricious, nor arbitrary and such assessment of discipline will not be disturbed by the Board. There is no need for the Board to discuss procedural issues raised in this case since the claim is denied, by the Board, on merits.

        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 c%rrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway IALbor 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,


                          RATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Divist ___


                                            ~~I VLe®


ATTEST: Acting Executive Secretary
        National Railroad Adjustment Board


By/ i ,
        Rosemarie Brasch - Administrative Assistant ._


Dated at Chicago, Illinois, this 29th day of June 1983.