Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28909
 THIRD DIVISION Docket No. MW-28984
 91-3-89-3-408
 The Third Division consisted of the regular members and in
 addition Referee Rodney E. Dennis 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 discipline (35 demerits) imposed upon Painter Foreman C. L. Homan for alleged 'negligence in the performance of your duties as Painter Foreman on August 26, 1988, in that approximately twenty (20) vehicles in the Nalco Chemical Company parking lot sustained overspray damage when Bridge 710 was spray painted.' was arbitrary, capricious, on the basis of unproven charges and in violation of thd Agreement (System File SAC-13-88/TM-24-88).

 (2) The Claimant's record shall be cleared of the charges leveled against him, the 35 demerits imposed upon him shall be rescinded and he shall be compensated for all wage loss suffered, if any."

 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.

 At the time of the incident that gave rise to this case, Claimant was employed by Carrier as a Painter Foreman. On August 26, 1988, he was assigned the job of spray painting the bridge tenders' shanty next to Bridge 710. As a result of the spraying operation, overspray traveled a considerable distance and damaged a Claims for $3,112.12 were paid by Carrier for cleaning the damaged cars. On October 11, 1988, Claimant was charged as follows:
 Form 1 Award No. 28909
 Page 2 Docket No. MW-28984
 91-3-89-3-408
 neglience in the performance of your duties as
 Painter Foreman on August 26, 1988, in that
 approximately twenty (20) vehicles in the Nalco
 Chemical Company parking lot sustained overspray
 damage when Bridge 710 was spray painted."

 A Hearing was held on October 17, 1988. As a result of that Hearing, Claimant was found guilty as charged and assessed a penalty of 35 demerits.

 This Board has reviewed the record and has concluded from that review that Claimant was granted a full and fair Hearing and that all rights under the Agreement were afforded him. It has also concluded that Claimant was guilty as charged and that Carrier's action in this case should stand.






                00e oe


Attest:
        ancy J er - Executive Secretary


Dated at Chicago, Illinois, this 29th day of August 1991.