Edward L. Suntrup, Referee


(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:
                (Missouri Pacific Railroad Company


STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood of Railroad
                Signalmen on the Missouri Pacific Railroad Company:


(a) Carrier violated the Signalmen's Agreement as amended, particularly the discipline rule (Rule 700) when on May 14, through June 13, 1981, it suspended Signal Maintenance Foreman, E. N. McKinnon, thirty (30) actual days from service of the Missouri Pacific Railroad, without just and sufficient cause and on the basis of unproven charges either before or during the investigations held May 4 and 5, 1981, at North Little Rock, Arkansas. Carrier violated Rule 700 (d) when it failed to furnish Mr. McKinnon's representatives with a copy of discipline assessed notice number 73, as requested by them at the investigation, as provided in the Rule. Vice General Chairman E. J. Anousakes received a copy of the notice May 29, 1981, fourteen days beyond the time limits provided in the Rule 700(d). The General Chaiartan to this date has never received a notice of discipline assessed, as requested on page 28 of the transcript of the investigation.
(b) Carrier should now be required to make Signal Maintenance Foreman, E. N. McKinnon whole for his lost wages the thirty (30) days he was suspended, plus any overtime worked by others on his assigned territory and clear his personal record of any reference to this matter. (Carrier file: K 225-884)
OPINION OF BOARD: On May 4, 1981 a formal investigation was held to determine
 responsibility, if any, of Signal Maintenance Foreman E. N.
 McKinnon in connection with his alleged failure to properly inspect and test the signal
 system assigned to his care which resulted in the failure of 69 A track relay at
 Little Rock Subdivision. This failure was discovered by the Carrier on April 8, 1981.
 The Claimant was jointly charged with Signal Maintainer H. P. Heard and Relief Signal
 Maintainer R. G. Young for this incident. By notice dated May 13, 1981 Claimant
 McKinnon was assessed a thirty (30) day actual suspension for his alleged guilt with
 respect to this incident, as well as for his alleged guilt with respect to another
 incident before the Board which was denied by the Board in Award No. 24776 which
 will be discussed below. All claims were handled separately and after the one
 herein was appealed on property up to and including the highest Carrier officer
 designated to hear such appeals it is now before the National Railroad Adjustment
 Board.
The record before the Board shows that the Claimant has nine (9) Signal Maintainers working under his jurisdiction and that his territory is large. In addition, testimony presented during the hearing on May 4, 1981 shows that the Claimant's responsibilities are extremely diverse: he is required to deliver company materials and to work on construction projects, and he is often with the Signal Supervisor. Further, because of the turnover of Signal Maintainers, the
          Award Number 24777

                    Locket Number SG-24721 Page 2


Claimant must sometimes work territories other than that which is under his jurisdiction as Signal Foreman. It does not appear justifiable to the Board to assess discipline against Signal Maintenance Foreman McKinnon for work allegedly improperly performed by the Signal Maintainers under his charge since it does not appear reasonable to expect him to be with all of the Signal Maintainers all of the time. Carrier has not produced sufficient substantial evidence here to warrant conclusion that Claimant himself was responsible for the track relay failure at bar.
The merits of the instant case also relate to the hearing transcript and supporting materials already studied by the Board under Carrier file K-255885, Award No. 2477 denied by the Board on the basis of substantial evidence showing by the Carrier. In the instant case, however the Board rules that here too the thirty (30) day actual suspension assessed the Claimant for this incident, along with that at bar was without reasonable and justifiable cause. During the joint hearing held on May 5, 1981 the Claimant testified that his only knowledge of the incident relative to Award No. 24776 was heresay. Nothing in the record of the hearing transcript, or in subsequent information exchanged on property, contradicts this.
Signal Maintenance Foreman E. N. McKinnon shall be made whole for the thirty (30) days he was suspended and that his personal record be cleared of any reference to these matters. Claim for additional damages is denied.
        FIND11aGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:


        That the parties keived oral hearing;


That the Carrier and the Employes involved in this dispute are respectively Carrier and &nployes 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 violated.


                          A W A R D


        Claim sustained in accordance with the Opinion.


                            NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division v

Attest: ~Zgg*"~e

        Nancy ver - Executive Secretary


Dated at Chicago, Illinois, this 13th day of April, 1984