Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27745
 THIRD DIVISION Docket No. MW-27876
 89-3-87-3-714
 The Third Division consisted of the regular members and in
 addition Referee Charlotte H. Gold 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 two (2) day suspension imposed upon Work Equipment Mechanic E. Denson for alleged violation of Rule 'N' was without just and sufficient cause and on the basis of unproven charges (System File NIRCRC-D-1245/OS13-66).

 (2) The claimant's record shall be cleared of the charge leveled against him and he shall be compensated for all wage loss 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.

On October 9, 1986, Claimant was notified to attend a formal investigation into his responsibili to install a starter on a prime mover loader and/or check that it was operating properly. Claimant w Regulations for Maintenance of Way and Structures, Form PE-O1-RC, and was assessed a two-day suspension to be held in abeyance.

 The Board has reviewed the record of the case, including the transcript of the hearing held on O devoid of sufficient probative evidence to support Carrier's charge of negligence on Claimant's part suspension was held in abeyance, however, no payment is warranted.
 Form 1 Award No. 27745
 Page 2 Docket No. MW-27876
 89-3-87-3-714
 Mention of the two-day suspension held in abeyance shall be expunged
 from Claimant's record.






Attest:
        Nancy J er - Executive Secretary


Dated at Chicago, Illinois, this 2nd day of March 1989.