File MW-DECR-92-78


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

 Statement
 of Claim: Claim on behalf of J. L. Dowell requesting removal of a
 thirty-day actual suspension from service and pay for time
 lost, as a result of discipline assessed following formal
 investigation held on February 4, 1993, in connection with
 his turning over the crane he was operating while attempting
 to unload a cribber machine from a flatcar.

 Findings: This Board has jurisdiction of this case by reason of
 the parties Agreement establishing the Board therefor.
 The Claimant, a Burrough Crane Operator, as a result of
 an incident on July 29, 1992, was required to attend a
 formal investigation on the charge:

        "...to determine the facts and place your responsibility, if any, for the incident on July 29, 1992 when the crane you were operating at North Kansas City turned over while attempting to unload a cribber machine from a flat car. You will be charged with failure to follow instructions in violation of Operating Rules 1540 and 1541 ...."


        Carrier concluded therefrom that Claimant was culpable. He was assessed a 30 day actual suspension from service as discipline therefor.


        Claimant was accorded the due process to which entitled under his discipline rule.


        There was sufficient evidence adduced to support the conclusions of Carrier as to the culpability of the Claimant.


        There are circumstances mitigating the discipline which shall be reduced to 15 days.

Award: Claim disposed of as per findings.

 Order: Carrier is directed to make this Award effective within
 iirty (30) days of ate of issuance shown below.

 pG,s 1740 Award No. 149

 . A. Hammons, Jr., Empl a Member E. N. Ja o s, Jr., Card er Member

Arthur T. Van Wart, Chairman

and Neutral Member


Issued July 30, 1994.