Docket No. MW-DEC-80-59


Parties Brotherhood of Maintenance of Way Employees

 to and

 Dispute Norfolk and Western Railway Company (Former Wabash Railroad)

 Statement
 of Claim: Claim on behalf of Mr. G. L..Pattengale account of
 assessment of ten (10) days actual suspension from
 service as a result of investigation held on
 August 29, 1980.

 Findings: The Board, after hearing upon the whole record and all evidence, fin_ds that the parties herein are Carrier and Employee within the meaning of the Railway Labor Act,. as.amended, that this Board is duly constituted by Agreement dated February 2, 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, on August 8, 1980, was operating a Brush Cutter and struck a signal apparatus at approximately 8:45 AM, in the vicinity of Buck Creek, Indiana. As a result of an investigation held in connection therewith, he was assessed a ten (10) day actual suspension as discipline for his responsibility.
 The Board finds that there was sufficient evidence adduced by Carrier to support the conclusions reached. as to Claimant's culpability.
 However, there are circumstances in the record which serve to mitigate the degree of discipline assessed.. The discipline assessed shall be reduced to a Reprimand.

 Award: Claim disposed of as per findings.
 Order: Carrier is directed-to make this Award effective within
 .thirty (30) days of date of issuance shown below.
 Award No. 33
 PLB No. 1760

 M. A. Christie, Employee Member

 E. N. Jacor, Jr. Ca r' r Member

Arthur T. Van Wart, Chairman

and Neutral Member


Issued at Wilmington, Delaware, February 24, 1982.