NATIONAL RAILROAD AnJUSTMErrr BOARD
 Award Number .24+98
 THIRD DIVISION Docket Number MW-24573

 FAvard L. Suntrup, Referee

 PARTIES TO DISPU=:

 (Brotherhood. of Maintenance of Way Employes

 (Terminal Railroad Association of St. Louis

 STATEMM Cdr' CLA324: 'Claim of the System Committee of the Brotherhood that:

 (1) The discipline (reprimand) imposed upon Track Driver W. E. Jackson for alleged responsibility 'in connection with damage incurred. to Truck 206' on March 9, 1981 was arbitrary, capricious, unwarranted and on the basis of unproven charges.

 (2) Said reprimand shall be expunged from the claimant's record."

 OPINION OF BOARD: Claimant.. William E. Jackson,, received notice dated

 March 11, 1981 to attend investigation on March 20, 1981 to determine facts and place responsibility, 1P any, in connection with damage incurred to Carrier trUCc No. 206 on March 9, 1981. As a result of the hearing Claimant was notified on March 30, 1981 that he had been found guilty of carelessness in the operati subsequently placed in his personnel file.

 The record before the Board shows that after a long length of rusty pipe was laded onto Claimant truck No. 210 at the Carrie Avenue lard in St. Louis. Claimant then drove this truck to the Carrier's Bremen Avenue facility and parked it. Nothing in the record shows that Claimant either flagged, nor took nay other precautionary measure kith respect to this piece of pipe which extended some six (6) feet beyond the bed of the track after he parked it. As a consequence a second track (No. 206) was damaged as it was being backed into the Bremen Avenue facility parallel kith Claimant's vehicle; the pipe protruding from track No. 210 tore off the rear view mirror of truck No. 206 and damaged driver's side door of that vehicle.

 Given the above statement of facts, sufficient substantial evidence is present to warrant assessment of discipline levied and the Board will not disturb Carrier action in this respect.

That the. parties waived oral hearing;


That the Carrier amd the Employes involved in this dispute are respectively Csrrier and E9loyes within the meaning of the Railvay Iabor Acto as approved June 21j 1934;

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; aDl



          Claim denied.


                            lATIDAAL RAIT.ROAD ADJWWCT ]BOARD

                            By Order of Third Division


ATTEST:.
              ncy J. Dever

              Executive Secretary


Dated at Chicago.. Win is., this 3rd day of August 1983·

 ~,CEIVEp

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