"Claim of the System Committee of the Brotherhood that:

(1) The discipline [Level S and a three (3) year review period commencing September 23, 2010] imposed by letter dated September 23, 2010 and the discipline [Level S thirty (30) day road (sic) suspension and a three (3) year revision period commencing September 23, 2010] imposed by letter dated September 24, 2010 upon Mr. S. Gustafson for alleged violation of El 2.2.3 Authority and Responsibility of Inspectors and El 2.4.4 Safety and Protection During Inspections in connection with alleged failure to detect irregular surface conditions, including but not limited to line swing and track deviations and alleged failure to apply proper remedial actions to these surface conditions, left behind by the high-speed surfacing unit SC-31 after the MDZ-2000 machine (09-3X) was extricated from the track while working a[t] curve 188 on the Jamestown Subdivision on July 9, 2010, which allegedly contributed to the derailment of train C-ABMBENI-23A on July 10, 2010 was arbitrary, capricious, on the basis of unproven charges and in violation of the Agreement (System File T-D-3814H/11-11-0006 BNR).

The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee 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 were given due notice of hearing thereon.

The Investigation was fair and impartial.

The Claimant failed to do his job properly to protect the track and this was a contributing factor, if not the major factor, in the resulting derailment.

AWARD