Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28568


        The Third Division consisted of the regular members and in addition Referee Barry E. Simon when award was rendered.


(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:
              (CSX Transportation, Inc. (former Chesapeake and Ohio

              Railway Company)


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

 (1) The twenty (20) day suspension imposed upon Assistant Track Foreman D. A. Murphy for alleged responsibility of Train No. 317, Engine 2711 westbound, striking undercutter at Mile Post 539.8, on. September 7, 1988 was
 arbitrary, capricious, on the basis of unproven charges and in violation of the Agreement [System File C-D-4573/12(88-1006) COS].

 (2) The Claimant shall have his record cleared of the charge leveled against him, he shall be paid for all wage loss suffered and he shall have twenty (20) days credited toward his vacation qualifying time."

 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.


On September 7, 1988, Claimant was the employee in charge of a undercutter gang doing track main station. Operating Rule 707 requires trains to secure permission to enter the limits of the work authority from the employee in charge. Claimant authorized
 a train to proceed westbound on No. 1 track while the undercutter, which was located on No. 2 track was still fouling No. 1 track. The train struck the undercutter, damaging the track equipment and the engine.
 Form 1 Award No. 28568
 Page 2 Docket No. MW-28943
 90-3-89-3-354

 Following a Hearing, Claimant was assessed a twenty (20) day suspension. At the Hearing, Claiman his not being in a position to know if the track equipment was in the clear, and by poor communication with the operator of the equipment. Based upon this testimony, we conclude that the Carrier had just cause to impose the suspension. The fact that Claim not relieve him of his responsibility for the safety of all of the employees and equipment under his authority as employee in charge.

 We find nothing in the record to support the Organization's contention that Claimant was denied
                        A W A R D


        Claim denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


Attest:
        Nancy J. r - Executive Secretary


Dated at Chicago, Illinois, this 27th day of September 1990.