Parties Brotherhood of Maintenance of Way Employees
 to and
 Dispute Norfolk and Western Railway Company
 Statement 1. Carrier violated the effective Agreement by unfairly and unjustly
 of suspending Claimant Timothy Patton, Machine Operator, for a period of
 Claim: seven (7) days.

Findings: The Board finds, after hearing upon the whole record and all evidence
 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 March 1, 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 Machine Operator with one and one-half years of service., received
 a seven (7) day suspension for violation of Safety Rules "A", "H" and 1271
 in connection with derailment and damage to Tamper NW11259. He was held
 at fault for not having inserted a safety pin in the left jack cylinder
 in order to secure same because said jack cylinder dropped down on the
 circle rail while Claimant was moving the Tamper machine in the clear on
 the night in question causing the tamping jack to shear off and derail the
 machine. Said Rules read:
 "General Notice - Rule "A"
 Safety is of the first importance in the discharge of duty."
 "General Notice - Rule "H"
 Employees who persist in unsafe practices to the jeopardy of themselves

            and others will be subject to discipline, even if their conduct violates.

' no specific rule."

            "Rule 1271 Machine Operators shall be responsible for the daily inspection, proper maintenance and lubrication of roadway machinery to which they are assigned.


            The Claimant was given a fair and impartial hearing. The transcript thereof provided sufficient credible and probative evidence to support Carrier's conclusion as to Claimant's failure to properly protect the Machine assigned to him. The Board finds nothing in the record to cause it to interfere with the reasonable discipline imposed.


            In the circumstances this claim will be denied.


    Award: Claim denied.

    rr~ fl ~~

    A. J: Cunn,ingham, EmployeelMember a. C. Edwards, Carrier Member

    rthur T. Van Wart, Chairman

    and Neutral Member


            Issued-at Wilmington, Delaware, May 1, 1978.