PARTIES Brotherhood of Maintenance of Way Employes
 TO
 DISPUTE: and
 Seaboard System Railroad (former L&N Railroad)
 STATEMENT Claimant J. D. Lund shall be reinstated with sen
 CLAIM: iority and all other rights unimpaired and compen
 sated for all wage loss suffered from April 23,
 1984.
 FINDINGS: Claimant was assigned as an assistant foreman on
 the dates of the two incidents which led to his
 dismissal. He had over eight years-service as of
 that time.
 The first incident occurred on February 15, 1984.
 On that date, he had obtained a Form "W" train order from the train
 dispatcher; it gave permission for his gang to occupy and work on
 the main line track between M.P. K-627 and K-617.2 from 6:45 a.m.
 to 4:30 p.m.
 Under applicable rules, claimant was required to
 have placed a "Conditional Stop" track sign at both ends of the terri
 tory covered by the train order. The engineer of a train approaching
 M.P. K-617.2 found no "Conditional Stop" sign at that location and
 was unable to reach claimant on the radio. The train was delayed
 I for about 50 minutes until claimant called its engineer and informed him that the track was clear.
 No basis is perceived for setting aside Carrier's finding that claimant did not comply with its regulations on February 15, 1984. Claimant's train order had not expired at the time the train approached M.P. K-617.2.
 The second incident on which claimant's dismissal is based involved the derailment of a freight train on February 24, 1984. Investigation indicated that claimant and his tamping force had worked in ne area of the derailment the day before the accident. However, the evidence is not sufficiently clear to support Carrier's finding that claimant deliberately made false reports or statements

 concerning the place where his crew had worked. While it may well be that claimant did not use sound judgment by tamping straight track rather than curves, the record is not sufficiently strong and detailed to provide 'a sound basis for dismissal, even when his discipline record is taken into consideration. There is no indication he had previously been guilty of similar infractions.

 AWARD:

 Claimant to be ;.reinstated with seniority rights
 unimpaired but without back p,ay. To be effective
 within 30 days.

 Adopted at Jacksonville, Florida, January a,9,1985.

 i
 Haro . Weston, Chairman

 Employee Mem r