Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27140
 THIRD DIVISION Docket No. SG-25992
 88-3-84-3-573
 The Third Division consisted of the regular members and in
 addition Referee Rodney E. Dennis when award was rendered.

 (Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:

STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the
 Brotherhood of Railroad Signalmen on the Missouri-Kansas-Texas Railroad Company:

(a) Claim on behalf of W. H. Harles, Signal Maintainer, at Moran, Kansas, who was assessed fifteen days of suspension from service which was deferred as per provisions of Circular No. DP-2.

 (b) Carrier should be required to clear record of Claimant W. H. Harles concerning the discipline and restore all of his rights. (Carrier file 2619)

(a) Claim on behalf of Signal Maintainer W. H. Harles headquartered at Moran, Kansas for 6 hours at his straight time rate of pay on August 15, 1983, and 8 hours straight time and 6 hours overtime at his rate of pay on August 16, 1983 account of attending an investigation held on August 16, 1983 in Dennison, Texas.

 (b) Carrier should now be required to pay Signal Maintainer Harles, in accordance with the scheduled Agreement, as amended, particularly Rule 73 of Agreement DP-510. (Carrier file 2619)"

 FINDINGS:
The Third Division of the Adjustment Board upon the whole record and all the evidence, finds that:

 The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934.

 This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

        Parties to said dispute waived right of appearance at hearing thereon.

Form I Award No. 27140
 Page 2 Docket No. SG-25992
 88-3-84-3-573

 Claimant was employed as a Signal Maintainer at Moran, Kansas. On August 5, 1983, he was ordered to proceed to M.P. A-75.5 to remove the tape from a hot box detector to check if the device was operable. It appears that a train had passed the detector without getting a signal and shortly thereafter had to stop and set He removed the tape at 9:20 AM. When he observed the tape, he concluded that it was not operable and had missed a train. He failed to report this malfunction to anyone until 3:1 assessed a 15-day deferred suspension.

 The Board has reviewed the record and the transcript contained therein and concludes Claimant is guilty as charged. We also find that Claimant was granted all due process rights and procedural and substantive rights guaranteed by Agreement. Claimant did take an indifferent attitude toward his responsibilities in this instance and a 15-day deferred suspension is not inappropriate.

                        A W A R D


        Claim denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


Attest:
        Nancy J er - Executive Secretary


Dated at Chicago, Illinois, this 23rd day of June 1988.