Eckehard Muessig, Referee


              (American Train Dispatchers Association


PARTIES TO DISPUTE:
              (Consolidated Rail Corporation


STATEMENT OF CLAIM:
                  "System Docket No. CR-219


                Southern Region-Columbus Division


Appeal from discipline of ten (10) days' suspension assessed Train Dispatcher James T. Cosgrove, requesting that it be rescinded and stricken from his personal record."

 OPINION OF BOARD: This is a case concerning the Claimant's role in and
 responsibility for his part in authorizing certain train
 movements. Essentially, this case involves a charge that the Claimant was
 responsible for authorizing two trains to be on the same section of track
 heading toward each other.

 The Organization has raised a number of procedural and due process issues which it asserts should serve to set the discipline aside. While we understand the Organization's contentions, our review of these matters leads us to conclude that the Claim is properly before us on its merits.

 With respect to these, during the Investigation, the Claimant admitted that he did not comply wi this case. As best can be determined, the one train authorized to move from South Charleston to the yard limits at institute Station. The other train was authorized to move on the same track from Nitro Station to the yard limits, pursuant to Carrier's requirements, train movement was to have been made at yard speed and these movements were under the control of other parties, rather than the Dispatcher.

 While we do not minimize the seriousness of the Claimant's transgression, after considering all
        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;

                      Award Number 26513 Page 2

                      Docket Number TD-26160


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 discipline was excessive.


                        A W A R D


        Claim sustained in accordance with the Opinion.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


        y

                  ;0' '501


Attest:

      Nancy J. Dever - Executive Secretary


Dated at Chicago, Illinois, this 9th day of September 1987.