(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:


STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

 (1) The ten (10) days of suspension imposed upon Track Foreman P. S. Collins for alleged violation of Rule 'K' on August 19, 1982 was without just and sufficient cause and on the basis of unproven charges (System File NEC-BMWE-SD-514D).

 (2) The claimant's record shall be cleared of the charge leveled against him and he shall be compensated for all wage loss suffered."

 OPINION OF BOARD: At the time of the incident that gave rise to this case,
 Claimant was a Track Foreman in Carrier's employ at
 Philadelphia, Pennsylvania. On August 25, 1982, Claimant was charged with a
 violation of Amtrak Rules of Conduct, Rule K: "Employes must ...attend to
 their duties during the hours prescribed." On Thursday, August 19, 1982,
 Claimant and members of his gang were allegedly observed performing no work
 from the hours of 2:00 P.M. to 3:50 P.M.

 A Hearing into the matter was held on September 7, 1982. Claimant was found guilty as charged and assessed a ten-day suspension.

 This Board has reviewed the Transcript of the Hearing as well as other material submitted into the record. Based on that review, the Board concludes the Claimant was guilty as charged and that Carrier acted- in an appropriate manner by assessing a ten-day suspension.



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

                        Docket Number MW-25860

                        A W A R D


        Claim denied.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest:
        Nancy J r - Executive Secretary


Dated at Chicago, Illinois, this 24th day of August 1987.