PARTIES) ATCHISON, TOPEKA AND SANTA FE RAILWAY COMPANY
 TO )
 DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES

 STATEMENT OF CLAIM: That the dismissal of Mr. E. J. McDade was
 without a~n s-ufficient cause: and in violation of the current
 Agreement; that Mr. McDade now be reinstated to the service of the
 Carrier with seniority and all other rights restored unimpaired
 and with compensation for all wage loss suffered.

 FINDINGS: This Public Law Board No. 1582 finds that the parties
 e~ are Carrier and employee within the meaning of the Railway Labor Act, as amended, and that this Board has jurisdiction.

 In this dispute the claimant was employed in 1952. By letter dated July 26, 1983, the claimant was notified that he was dismissed effective that date because he had accumulated excessive demerits pursuant to a formal hearing held on July 15, 1933. The Union alleges that the 30 demerits assessed the claimant pursuant to the investigation held July 15, 1983, was excessive. The Union hopes that the claimant, having more than 30 years seniority, be reinstated and the demerits reduced.

 The Board has examined the transcript of record and finds that under the particular circumstances existing in this case that permanent dismissal is too severe. In view of all the circumstances existing, the Carrier is directed to reinstate the clainant as a Machine Operator and reduce the demerits standing of record to 40 demerits. There is no justification to pay the claimant for time lost.

 AWARD: Claim sustained as per above.

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

                          reston J. Moore, CZairman


                          neon member


                          NO~er - ___


Dated at Chicago, Illinois
SeDtember 18. 1.984