(American Train Dispatchers Association PARTIES TO DISPUTE:

STATEMENT OF CLAIM:
"It is this Organizations position that Mr. Jones record now be cleared of these [30] demerits a be removed from his record."

 OPINION OF BOARD: The Claimant is accused of having violated various operating
 Rules of the Carrier when he failed to clear Train No. 171 on Friday, November 11, 1983, with Train Order No. 1078. The Investigation into this matter was held at Tampa, Florida on December 12, 1983, after which the Claimant was informed that he had been found guilty as charged. He was assessed thirty (30) demerits on his record.

 The Claimant was found guilty of violating the following Operating Rules of the Carrier:











                    Docket Number TD-26716


            "Rule 790


            Before being relieved, a train dispatcher must write in ink in the train order book a transfer of all orders not fully executed, listing them by numbers, all clearance cards issued to trains which have not departed, and all lineups in effect. He must know that the relieving train dispatcher fully understands all features pertaining thereto. The relieving all such matters, and the positions of trains, before undertaking his duties. Each must sign the transfer in the presence of the other."


The Claimant is an Extra Board Train Dispatcher with a seniority date of November 16, 1974. On the day when the Rule infractions allegedly took place he was working the third shift between 11:59 PM November 10, 1983 and 7:59 AM, November 11, 1983. Among the Train Orders which the Claimant had received when he assumed duty was No. 1078 which was addressed for delivery to all southbound trains at Sanford. Absent orders to the contrary, according to his testimony at the Investigation, the Claimant assumed that Train No. 171 (or the so-called Orange Blossom Special) would receive this Train Order at Sanford. During the Investigation the Chief Train Dispatcher testified that he had reissued written instructions to all Train Dispatchers that the southbound Orange Blossom Spe as Third Division Award No. 26520, which involved discipline issued to the Train Dispatcher working the shift prior to the Claimant for not having issued Train Order No. 1078, revolves around the same issue as was studied in that Award. That issue is whether the Chief Train Dispatcher did or did not issue instructions relative to extra trains 171 and 172 (north and southbound Orange Blossom Specials) in the fall of 1983 to Dispatchers after the train was reinaugurated in October of 1982, and instructions issued to that effect, it had been abolished in June of 1983. Conclusions arrived at by the Board in Third Division Award No. 26520 are applicable here and are incorporated by reference. For all practical purposes the testimony proffered at the two investigations involving these two different Claimants is parallel with exception of a different witness or two. The Board must conclude, as it did in Third Division Award 26520, that the Carrier has failed to meet its burden of proof and the Claim must be sustained in full.

        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;
                    Award Number 26521 Page 3

                    Docket Number TD-26716


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

        The Agreement was violated.


                        A W A R D


        Claim sustained.


                              NATIONAL RAILROAD ADJUSTMENT BOARD

                              By Order of Third Division


        i


Attest:~
        Nancy J. De'vve- Executive Secretary


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