Pile No. MW-76-29


Parties Brotherhood of Maintenance of Way Employees
 to and

 Dispute Southern Pacific Transportation Company
 -Texas and Louisiana Lines-

 Statement 1. Carrier violated the Agreement when Grinder Helper E.
 of Cortinas was unjustly dismissed, March 15, 1976.
 Claim:
 2. Claimant Machine Operator will be now reinstated with
 vacation, seniority, fringe benefits and other rights unimpaired,
 and paid for all time lost on account of violation referred to
 in Part 1 of this claim.

 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 23, 1977, 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's Helper, was working as such on
 March 12, 1976. He was protecting Rail Grinder SPO 254 by main
 taining a lookout for trains and .other track vehicles. At
 approximately 1:00 p.m. on March 12 said Rail Cross Grinder was
 struck by a freight train and totally demolished. Claimant as a
 result thereof was dismissed from service March 15, 1976, for

. PL ~qa5

-2- Award No. 5

          violation of Rule MM and 801 which in pertinent part provide:


            "MM Carelessness by employee of the safety of others will

            not be condoned."


            "801 Employee will not be returned in the service who are careless of the safety of others."


          Claimant requested and was granted a hearing. Carrier as a result thereof concluded Claimant guilty as charged.


          The Board finds that Claimant was accorded due process. The record reflects that sufficient probative evidence was adduced to support Carrier's conclusion that Claimant was guilty as charged.


          The Board finds nothing in the record to give cause for modifying the discipline imposed. The Claim will be denied.


    Award: Claim denied.


    A. J. Tytnninghacd, Employee Member R. W. Hickman, Carrier Member

    V


                    Arthur T. Van Wart, Chairman and Neutral Member


                    Issued at Falmouth, Massachusetts, September 7, 1977.