Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28083
 THIRD DIVISION Docket No. CL-28474
 89-3-88-3-370
 The Third Division consisted of the regular members and in
 addition Referee Charlotte Gold when award was rendered.
 (Transportation Communications International Union
 PARTIES TO DISPUTE:
 (The Belt Railway Company of Chicago

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

1. Carrier violated the effective agreement when, following an investigation on October 1, 1987, it issued discipline in the form of a reprimand against the record of Mr. John Pufpaf;

 2. Carrier shall now rescind the discipline assessed and shall clear Mr. Pufpaf's record of the charge placed against him."

 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 held on October 1, 1987, Claimant, a Relief Janitor, was issued a reprimand for failure to perform his duties on September 14, 1987, while working in the East Yard.

 This Board has reviewed the entire record of the case, including the transcript of the Investigation, and we do not find sufficient proof to sustain the charge. While Claimant acknowledged telling a Carrier Official that the work was not completed, there is no evidence that he was derelict in his duties. As a consequence, the Claim must be sustained.
 Form 1 Award No. 28083
 Page 2 Docket No. CL-28474
 89-3-88-3-370






Attest:
        Nancy J. -Executive Secretary


Dated at Chicago, Illinois, this 11th day of September 1989.