Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27591
THIRD DIVISION Docket No. MW-27463
88-3-86-3-704
The Third Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.

(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:


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

(1) The discipline (30 demerits) imposed upon Sectionman K. R. Konkle for alleged violation of General Rules 'A' and 'I' and Safety Instructions 4000, 4001 and 4017(A) on June 25, 1985 was unwarranted and without just and sufficient cause (System File D-44/013-210-K).

(2) The thirty (30) demerits shall be expunged from the claimant's record and he shall be compensated for all wage loss, if any, suffered."

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.



Following an Investigation, which was properly conducted and at which substantial evidence was developed to support the charges placed against Claimant, he was discipline of Carrier's General Rules and Safety Instructions. The discipline assessed is not inappropriate to the nature of the violation. Claimant was injured when he improperly dismounted from the vehicle and at his Investigation admitted that he exercised p proscription and knew better. Accordingly, we have no basis to modify the discipline.




Form 1 Award No. 27591
page 2 Docket No. MW-27463
88-3-86-3-704
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division



Attest:
        Nancy J er - Executive Secretary


Dated at Chicago, Illinois this 27th day of October 1988.