PARTIES Brotherhood of Maintenance of Way Employes
 DISPUTE: and
 Louisville and Nashville Railroad Company
 STATEMENT 1. The dismissal of Welder R. G. Wyatt and Welder
 CLAIM: Helper R. 0. Beach was without just cause and
 excessive.
 2. Welder Wyatt and Welder Helper Beach shall
 be reinstated to their respective positions with
 seniority and all other rights unimpaired and
 compensated for all wage loss suffered.
 FINDINGS: Late in the afternoon of October 3, 1978, a tragic
 incident occurred at a road crossing near McGhee,
 Tennessee. While backing up the truck he was
 operating in the course of track operations,
 Claimant Wyatt struck another truck that was in
 position there. A welder helper working at the
 23(o3- Awa 3--;'-

 rear of the other truck was pinned between the two vehicles and fatally injured.

 Carrier found that claimant Wyatt as well as Welder Helper Beach, who was assisting Mr. Wyatt at the time, were responsible for the accident. There is evidence in the record that supports its conclusions in that regard. The road in the truck's path was straight and visibility was unobstructed and good. There is some indication that the track was proceeding backward in excess of the 10 mph maximum prescribed by the operating rules. The finding that the two men fn the truck should have been able to avoid the accident does not appear to be unreasonable.
 However, the fact that a very serious accident occurred does not necessarily mean that such extreme disciplinary action as dismissal is appropriate. It is our view that claimants should be reinstated promptly with seniority rights unimpaired but no back pay. The resulting long suspension without pay will emphasize the importance of operating vehicles with all due care.

 AWARD;

 Claimant reinstated without back pay. To be

 effective within 30 days.

 Adopted at Louisville, Kentucky,'DOCEm&E-2 Z2)1980.

 Ha ol7d M. Weston, Chairman

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