Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28569
 THIRD DIVISION Docket No. MW-28953
 90-3-89-3-376
 The Third Division consisted of the regular members and in
 addition Barry E. Simon 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 ten (10) days of suspension imposed upon Track Foreman K. D. Watts, Jr. for alleged failure to comply with Operating Rule 707-D on October 3, 1988 was arbitrary, capricious, on the basis of unproven charges and in violation of the Agreement [System File C-D-4705/12(88-1137) COS].

 (2) The Claimant shall have his record cleared of the charge leveled against him, he shall receive credit or pay for any benefits lost, he shall be paid for all wage loss suffered and he shall have ten (10) days credited to 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.

Claimant was directed to attend a Hearing at which he was charged with a violation of Operating Rule 707-D following a collision between a train and a high-rail truck on trackage under his control. Claimant was assessed a ten day suspension with a notice that he was found guilty of violating Rule 707-D. There is no evidence in the record to support the Carrier's conclusion that Claimant violated Rule 707-D. Accordingly, we must reverse the Carrier's disciplinary action.
 Form 1 Award No. 28569
 Page 2 Docket No. MW-28953
 90-3-89-3-376




                          By Order of Third Division


Attest:
        Nancy J P"er - Executive Secretary


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