NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 26425

THIRD DIVISION Docket Number MW-25882

Rodney E. Dennis, Referee

(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

(National Railroad Passenger Corporation

(Amtrak) - Northeast Corridor

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

(1) The ten (10) day deferred suspension imposed upon Welder R. F. Davis for alleged violation of Rule 'F' was arbitrary, capricious, unwarranted and on the basis of unproven charges (System Docket BpnWE-D-027).

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

OPINION OF BOARD: Claimant was charged with a violation of Rule "F" by working
in an unsafe manner. A Hearing was held; Claimant was
found guilty as charged and assessed a ten-day deferred suspension.

This Board has reviewed the record and finds it does not support the fact that Claimant was responsible for the accident that gave rise to this case. We therefore shall sustain the Claim.

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 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

That the Agreement was violated.

Award Number 26425 Page 2

Docket Number MW-25882

A W A R D

Claim sustained.

NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division

Attest:

Nancy ver - Executive Secretary

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