Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28702
 THIRD DIVISION Docket No. MW-29292
 91-3-90-3-191
 The Third Division consisted of the regular members and in
 addition Referee Joseph A. Sickles when award was rendered.
( (Formerly The Seaboard Coast Line Railroad Company) PARTIES TO DISPUTE:

STATEMENT OF CLAIM:

 "(1) The Agreement was violated when the Carrier dismissed J. G. Branch from service for running a Ballast Regulator into a Jr. Tamper which, in turn, was shoved into Plasser Tamper, resulting in $19,996.66 damage and two personal injuries. (Carrier's file 12 (89-693), Organization's file JGB-89-441. '

 (2) As a consequence of the aforesaid violation, Mr. J. G. Branch shall be reinstated to the service with pay and his record cleared of the incident."

 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 Boand,has jurisdiction over the dispute involved herein.

On May 31, 1989, Carrier charged the Claimant with striking a Jr. Tamper and knocking it into a Plasser Tamper, resulting in minor injury to two (2) employees and $20,000 worth of equip;ent damage. The Claimant was advised that his alleged actions were in violation of certain specified safety rules, and he was instructed to attend a Hearing on the charges.

 Subsequent to the Hearing, the Claimant was found guilty and after his personnel record was reviewed, he was terminated from service.
 Form 1 Award No. 28702
 Page 2 Docket No. MW-29292
 91-3-90-3-191

 The organization has raised defenses on the merits and has also asserted certain procedural erro abridged.

 Concerning the merits of the dispute, we have noted the Claimant's contention that he was operating his Ballast Regulator in a slow and safe manner and that it was necessary for him to turn in his seat in order to manipulate the gears. Nonet that the Claimant, by his own admission, was inadvertent to his duty, and that there were no discernible mechanical failures which caused, or contributed to, the incident. In short, there was appropriate evidence to support a finding of guilty.

 We have noted that the Claimant had 19 years of service with the Carrier, and during all of that time his significant prior difficulties appeared always to be related to the operation of machinery. In our view the Carrier's assessment of dismisdal was unduly harsh. Accordingly, we will set aside the termination and restore the Claimant to service, but without backpay. The Claimant's resto shall not be considered for promotion in any classification for at least three (3) years from the date of this Award.




                          By Order of Third Division


Attest:
        ancy J. -Executive Secretary


Dated at Chicago, Illinois, this 28th day of February 1991.
                                      Serial No. 354


              NATIONAL RAILROAD ADJUSTMENT BOARD


                      THIRD DIVISION


            INTERPRETATION N0. 1 TO AWARD NO. 28702


                    DOCKET NO. MW-29292


NAME OF ORGANIZATION: Brotherhood of Maintenance
 of Way Employes
 NAME OF CARRIER: CSX Transportation, Inc.
 (former Seaboard Coastline
 Railroad Company)

This matter has been returned to the Board, on the request of the employees, for an interpretation. The Board has reviewed the written arguments and heard oral presentations of the parties. We find that the Award that was rendered by this Board on February 28, 1991 set aside the termination and restored the Claimant to service, but without back pay, and the restoration was as a Trackman position. The Award specified that the Claimant shall not be considered for promotion in any classification for at least three (3) years from the date of the Award.


The Carrier contends that only the Claimants seniority as a Trackman was reinstated by the Board, but the Board did not intend to reinstate all of the Claimant's seniority.


The Organization has requested that the Third Division interpret the Award to answer the following question:


          "Did Claimant Branch lose ALL of his former seniority (other than as a Trackman) or was he merely restricted from using his former seniority for purposes of promotion to any classification (other than as a Trackman) for a period of three (3) years from the date of Award 28702?"


The Award did not, divest the 'Claimant of all of his former seniority. If the Board had so intended, the Award would have so stated in clear terms. Rather, the Award merely restored the Claimant to service as a Trackman and precluded him from consideration for promotion in any classification for a period of time. There is nothing in the Award to state or suggest that the Award was intended to do more than that or to divest the employee of his seniority in classifications other than that of a Trackman.

                          _ 2 _


Referee Joseph A. Sickles, who sat with the Division as a neutral member when Award 28702 was adopted, also participated with the Division in making this interpretation.

                      NATIONAL RAILROAD ADJUSTMENT HOARD by Order of Third Division


Dated at Chicago, Illinois, this 13th day of September 1994