Parties Brotherhood of Maintenance of Way Employees
 to. and
 Dispute Norfolk and Western Railway Company

 Statement
 of Claim: Carrier violated the effective agreement by assessing Herman Williams
 thirty (30) days deferred suspension on unproven charges after
 hearing which was not held in accordance with Rule 20. The decision
 rendered by Mr. F. R. Cashner on May 25, 1978 when he assessed
 Mr. Herman Williams 30 days deferred suspension be stricken
 from his record.
 Findings: The Board, after hearing upon the whole record and all evidence,
 finds that the parties herein are Carrier and Employee within the meaning of
 the Raft ,ay labor Act, as amended, that this Board is duly constituted by
 agreement dated February Z, 1976, that it has jurisdiction of the parties
 and the subject matter, and that the parties were, given due notice of the
 hearing held.
 Claimant, a Section man for over 52 years, received an on-duty,
 injury on April 17, 1978. As a result thereof he received a notice to attend
 a formal investigation on May 10, 1978 charged as follows:




Carrier, as a result of such investigation, concluded Claimant guilty as
 charge;!. lie received 30 days deferred suspension as discipline therefor.

          Claimant received a fair hearing.

There was insufficient evidence adduced to support the conclusion reached by Carrier. Here, Claimant followed the specific instructions of his Foreman who had told him to stand inside the truck, which, incidentally, was loaded with shovels,,track jacks and a spike keg stacked on one side of the truck. It appears. that such position made it most difficult,if not impossible, for the employees to get a secure hold of the heavily cresoted and slick ties. The ties had to be handled chest high. In any event, Claimant's Foreman was standing at the truck watching the manner in which the work was being performed- He made no effort to instruct the employees to perform the work in any other manner than that in which it was being performed under those difficult, if. not hazardous, conditions. The Foreman took no exception to the manner in which the work was performed. In fact he testified, as did Claimant,- that the use of tongs were impractical. In any event, the evidence produced does not support the charges made and in the particular circumstances, this claim will be sustained.

 Award; Claim sustained.

      Orderr Carrier is directed to make this Award effective within 30 days of date of issuance shown below.


M. A. Christie; Employee Member G. C. Edwards, Carrier Member

      Arthur T. Van Wart, Chairman and Neutral Member Issued at Falmouth, ifassachusetts, Play 31, R9?9.