Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29123
 THIRD DIVISION Docket No. MW-29495
 92-3-90-3-428
 The Third Division consisted of the regular members and in
 addition Referee John C. Fletcher 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 dismissal of Truck Driver N. Demonte for alleged involvement in an auto accident with Company Truck #8276 on September 15, 1989 was arbitrary, capricious and on
(2) The Claimant shall be reinstated to the Carrier's service with seniority and all other rights unimpaired and he shall receive pay for all time and benefits lost."

 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 involved in an automobile accident while operating a Company truck. He was cited for an Investigation on a charge that he had failed to exercise care in the operation of the vehicle. Following the Investigation Claimant was di instances where vehicles under his control were damaged.

 We have examined the transcript of the Investigation and conclude that adequate evidence was developed to establish that Claimant was guilty of a failure to exercise appropriate care in the operation of the truck. Accordingly, discipline was wa promptly effect Claimant's return, in accordance with its usual procedures, with seniority and all other rights and benefits unimpaired, but without compensation for time out of service.
 Form 1 Award No. 29123
 Page 2 Docket No. MW-29495
 92-3-90-3-428






Attest:
        Nancy J. -Executive Secretary


Dated at Chicago, Illinois, this 28th day of February 1992.