"Claim of the System Committee of the Brotherhood that:

(1) The five (5) day suspension assessed Bridge Tender J. F. Hooks for alleged negligence in the operation of the Mobile River Drawbridge on April 17, 1995 was without just and sufficient cause, based on an unproven charge and in violation of the Agreement (System File 4(26)(95)/12(95-0635) LNR1.

(2) As a consequence of the aforesaid violation, Bridge Tender J. F. Hooks shall be `. . . repaid for the five (5) days suspension and have those days counted as days accumulated for the purpose of vacation, personal leave, etc. Appeal is also made that the claimant's record be cleared of all charges and that he be paid for his time and expenses for attending the Carrier's hearing into these charges."'

This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Parties to said dispute were given due notice of hearing thereon.

On April 17, 1995 Claimant was working as a Bridge Tender on the Mobile River Drawbridge. He was in the process of restoring the bridge to its closed position so the flow of rail traffic could resume, when at approximately 3:00 P.M. he received a call on the radio from another Boater to open the bridge. Although the bridge was two-thirds of the way closed, Claimant released the control levers to answer the radio. When Claimant returned to the control levers, the bridge was immobilized, and would not respond to the changing of the levers. Claimant contacted Bridge Supervisor R. F. Garrett and told him about the bridge jam and when it occurred.

Supervisor Garrett set out to inspect the jam, but before he arrived at the bridge, Claimant inspected underneath the bridge. After that inspection, Claimant returned and again tried the control levers at approximately 4:20 P.M. at which time the bridge closed and the delayed trains were moved.

Supervisor Garrett and Lead Carpenter P. M. Woods arrived shortly thereafter and, along with the Claimant, performed an inspection of the bridge apparatus. Three teeth on both the rack circle and pinion gears, located approximately 30 degrees out from the closed position, had fresh metal slivers on them which indicated a mismatching of the gears' teeth. Except for the metal slivers, the drawbridge mechanism appeared to be normal. All of the teeth were in regular condition with grease on the tips and there was no detection of lateral movement in the rack circle gear.

It was the opinion of Garrett and Woods that the mismatching of gears was caused by negligence in operation of the control levers, namely that the levers were switched from a closed position to an open position while the bridge was in motion and this caused the gears to mismatch. The sudden change in the position of the levers caused the pinion gear to run counterclockwise while the rack gear was moving in a clockwise direction. This action forced the pinion gear teeth to slip on top of the rack gear teeth and caused the mechanism to malfunction.

Claimant was notified by letter dated April 19, 1995 from Supervisors Garrett to attend a formal Investigation on April 27, 1995 to determine whether he had been

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