PARTIES) ATC'tIISON, T3PYA A,M S&fTA Fr 2AIL:JAY C0:,TANY
 TO
 DISPUTE) ) BRr~T~7p~7~1.l
            OHEM00D Or MAINTENPNC. OF t iY EMPLOYEES


STATM'fEOT OF CLAIii:

 1. That the Carrier's decision to assess ciaiaant thirty (30) demerits after investigation December 17, lyu': gas unjust.

 2. That the Carrier riow expunge thirty (30; .ieiaerits from claimant's record, reimbursing him for all wa~;c loss and expenses incurred as a result of attending the invest_;;ation December 17, 1982 because a review of tae investigation trans_ript reveals that substantial evidence was not introducea that indicates claimant is guilty of violation. of rules lie was uiiar~;a:i :jith in tad Notice of Investigation. .

 FI:TDINGS: This Public Law Board No. 1532 -2inds that the parties
 Terein are Barrier and Employee within tae .waning of the Railway
 Labor Act, as amended, and that this soar;? .gas jurisdiction.

 in this dispute tae clsiuant was charged :aita .-aisrapresentin0 the Facts concerning an alleged incideat of iaju_,r sustained on Octo'Jer v, 19b2 and possible violation of Rules 7_, 14 and 16, General Rules for the Guidance of Employees, Fora 2626 Standard.

 Tile claimant received a notice of investi`ation and requested a postponement which was granted by the Carrier. The investigation was held on December 17, 1942. Pursuant, to the investigation the claimant was assesses: tnirty demerits for ,: violation o= Rule 14 and the second and third paragraphs of Rule to of the General Rules for the Guidance of Employees, r,)"m 2u: -~ 3t_:.d~rd.
The transcript contains 34 pages of testimony. All of the evidence and testimony has peen carefully considerea b·r the Board. It appears that the evidence is insufficient to establi-J. t:ie guilt of claimant.

 There is souse indication that the Carries: bciieved the claimant was not struck by the tie on his left foot since the mark of the tie was on his right shoe. Tile tie could easily have grazed his right shoe, leaving a mark, and bu.up his left foot, causing an injury.

 This Board is, of course, very concerna4 about injuries and likewise concerned about the reporting of false claims for injuries which do not occur. aowever, in the instant caJa the evidence is insufficient
                                            PBL - 1582

                                            Award No. 232

                                            Page 2


to find the claimant guilty. For ,:hat r, asoa the thirty demerits will be removed, and the carrier is directed to pay the claimant for wage loss, if any. The "if any" clause is inserted for the reason that the claimant was injured and was unable to work for a period of time. The claimant testified that he was released Monday, December 13 but that his foot was still botherinhim and he had another appointment with the doctor.

 AWARD: Claim sustained as per above.

 ORDER: The Carrier is directed to comply with tiis award within t=ty days from the date of this award.

                          ~.."~)/ %·~'?. 'r;.:;~.·',',~.j.._'.~

                          Freston J. Moore, Chairman


                                    11 1


Urglanization Member

 Carrier iiember

 DATED AT CHICAGO, ILLINOIS April 14, 1983