PARTIES) ATCHISON,-TOPEYA AND SA:iTA FE RAILWAY COMPANY TO ) DISPLTE) -BROTHERHOOD OF ZUINTE:7B.NCE OF :JAY EriPLOYEES

 STATMENT OF CLInI:

 1. That the Carrier's decision to assess claimant thirty (30) demerits after investigation June 27, 19,33 was injust.

 2. That the Carrier now expunge thirty (30) demerits from the claimant's record, reimbursing =aim for all wage loss and expenses incurred as a result of attending the invasti?anon June =7, 1933 because a review of the investigation transcript reveals that substantial evidence was not introduced that indicates claimant is guilty of violation of rules he was charged with in the Notice of. Investigation.

 FLT GS: This Public Law Board No. I532 finds that the parties
 nereuz are Carries and Employee within the meeaning of the Railway
 Labor Act, as amended, and that this Board has jurisdiction.

 T_mthis dispute the claimaat.was charged with his responsibility is connection with backing Company truck AT 35848 into a parked vehicle belonging to Foreman R. J. Watson at Belton, Te::as on :.ay 12, 1983 in violation of Rules. 355 and 361, Safety Rules for Santa Fe Employees, Force 2629 Standard.

 An investigation was held, and pursuant thereto. the claimant -.vuj assessed 30 demerits for being in violation of the Safety Rules.

 The facts are not in dispute except for 3 slight discrepanc-r ?.-_ the time involved between the foreman parking behind the t=-c:: ;which the claimant drove. The claimant testified that he c::ec:ac: behind his truck and saw Roy Watson, the foreman, pass him 'C_r saw drive on up and talk to Detroit Porter. Foreman Watson testif _athat he did drive up to get Mr. Porter's attention but then bac`a:d his truck up. The claimant admitted fault in th-a accident and offered, to pay for the amount of damages to the foreman's tuck.

 The evidence clearly establishes that tae claimant was guilt-7 o.: violation of the Safety Rules as charged. However, under the circumstances herein, it is the opinion of the Board that assessment of 30 demerits is excessive: It is not the prerogative o_ the Board to determine the number of demerits to assess. Perha_os the Board might have assessed 15 demerits for such a violation.

However, it is the Board's prerogative to determine what is excessive, and the Board finds that any demerits over 20 would be excessive. Therefore, the demerits wLil.be reduced to 20.

 AIddRD:. Claim sustained as per above.

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

                            Preston J. Moore, C. a-r=an


                            r-.anizatlon member


                                  'Member


Dated at Chicago, Illinois September 13.,. 1983