Eckehard Muessig, Referee


              (Brotherhood of Maintenance of Way Employes


PARTIES TO DISPUTE:
              (Terminal Railroad Association of St. Louis


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

 1. The disciplinary demotion of Machine Operator R. White, Sr. and his disqualification as machine operator and truck operator was excessive, without just and proper cause and unwarranted (System File 1983-11/013-30).

 2. Mr. R. White's seniority as machine operator and truck operator shall be restored and unimpaired and he shall be allowed the difference between what he would have received at the machine operator's rate and what he was paid at the laborer's rate from June 16, 1983 until he is returned to work as a machine operator with seniority as such unimpaired."

 OPINION OF BOARD: After the track machine which the Claimant was operating
 struck another piece of equipment, the Carrier determined
 that he failed to exercise necessary care.

 The evidence is clear that the accident was the Claimant's responsibility. However, the incident Track Machine Operator, not as a Truck Operator. Accordingly, while some of the same qualifications certainly would apply to both positions and the Carrier, therefore, was not the Claimant, we find that the time period that has passed since the Claimant was disqualified is sufficient penalty. Therefore, the Claimant is to be permitted another opportunity to. qualify for a truck driver's position.

        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, 193'4;

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

        That the discipline was excessive.

                        Award Number 26512 Page 2


                      Docket Number MW-26096


                        A W A R D


        Claim sustained in accordance with the Opinion.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest:

        Nancy J./-Dever - Executive Secretary


Dated at Chicago, Illinois, this 9th day of September 1987.
                                          Serial No. 333


                NATIONAL RAILROAD ADJUSTMENT BOARD


                        THIRD DIVISION


              INTERPRETATION N0. 1 TO AWARD N0. 26512


                      DOCKET N0. MW-26096


NAME OF ORGANIZATION: Brotherhood of Maintenance of Way Employes

 NAME OF CARRIER: Terminal Railroad Association of St. Louis

 Award No. 26512, which sustained the Carrier's decision to disqualify the Claimant, also concluded that the "time period that has passed since the Claimant was disqualified is sufficient penalty."

 It is the intent of the cited Award to restore the Claimant's seniority as a Truck Operator and he is judged qualified for the Truck Operator position.

 Referee Eckehard Muessig, who sat with the Division as a Neutral member when Award No. 26512 was adopted, also participated with the Division in making this Interpretation.

                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


Attest:
      Nancy r - Executive Secretary


Dated at Chicago, Illinois, this 25th day of February 1988.