PARTIES TO DISPUTE:

STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The disciplinary demotion of Foreman D. W. Bowser as section foreman was without just and proper cause and was an abuse of justice and discretion by the Carrier (System File C-35-81 /G-90 MW).
(2) Mr. D. W. Bowser's seniority as section foreman be restored and unimpaired and he shall be allowed the difference betweeen what he would have received at the section foreman's rate and what he was paid at the section laborer's rate until he is returned to work as a section foreman with seniority as such unimpaired."
OPINION OF BOARD: As a result of an investigation which was held on August 31,
 1981, the Claimant was demoted from the position of foreman to laborer because he was found responsible for the improper track conditions resulting in the derailment of Train 142 at Boulder, Colorado on August 21, 1981.
On August 21, 1981, the Claimant was in charge of a two-man crew that was engaged in replacing head blocks (ties). The record discloses that in replacing the head blocks ties, the Claimant was derelict in not replacing the switch point protector back on the switch point to provide full support and to brace the stock rail. This allowed the s·_=ck rail to move outward as the train passed over that spot, spreading the rail and causing the flange of the wheels to go between the switch point and the st,ck rail. The Claimant, who had one and one-half years experience as a Section Foreman, did not take into account the tremendous lateral pressures on a curve which would exceed the normal pressures exerted on the rail caused by a train consisting of 3 locomotive units, 50 loads and 29 empty cars having a total weight of roughly 5,000 tons.
The record establishes that the Carrier has satisfied its burden of proving that the claimant violated Circular 15, Rules G and F by failing to observe "any deficiencies requiring attention" and failing to "take appropriate action", resulting in unsafe track conditions, causing the derailment of Train 142. The record does not support the conclusion that the derailment was due to a chipped or damaged switch point and stock rail, or to "something" that "fell from or dropped from the train."
The Carrier has indicated that the Claimant has not been banned forever from regaining his Foreman's seniority but will be re-evaluated at such time to determine whether he has "gained the benefits of rehabilitation and experience to warrant returning his Foreman's rights." In any event, it is the Board's judgment that the discipline should not be disturbed.
 Award Number 25012
 Docket Number MW-24982
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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


A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
 By Order of Third Division
ATTEST:

Dated at Chicago, Illinois, this 26th day of September 1984.