Carrier File MW-FTW-77-13


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

 Statement
 of Claim: V. R. Beery-suspended 90 days and disqualified as track
 patrolman.

        Findings: The Board has jurisdiction of this case by reason of the parties Agreement establishing this Board therefor.


        The Claimant was promoted to Track Patrolman in 1981. He was serving in his regular position at South Bend, Indiana. The Claimant was responsible for inspecting the track and switches between South Bend and Dillon, Indiana, a distance of approximately 43 miles to ensure there were no problems such as wide gauge or broken rails which could cause a derailment.


        A derailment occurred at MP 10.2, on January 23, 1987,, on a track for which Claimant had responsibility. It caused 10 cars to derail, and took over a week to repair. An inspection team concluded that the gauge of the track at this location had been spread for quite some time. As a result of this incident and because this was the .second major derailment on Claimant's territory in a month's time, the Roadmaster disqualified Claimant as a Track Patrolman. On January 23, 1987 the Organization requested an unjust treatment hearing and a formal investigation was held on February 17, 1987. The Claimant was notified, on March 2, 1987, that he was disqualified as track inspector and affirmed the previous disqualification. The Claimant's rights were subsequently restored on May 5, 1987.


        Upon review of the record it has been determined to modify the discipline by reduction to thirty days.


Award: Claim disposed of as per findings.

 Order: Carrier is dir cted to make this Award effective within
 thirty (30) s of date of issuance hown below.

 S. , amnons, r., E ogee Member ~i ler, Ca r Member

              /.C'_~_2%~a'lu~//2z:c~<'~CULIi

              Arthur T. Van Wart, Chairman and Neutral Member


                Issued September 27, 1990.