ICG NO. 1506


PARTIES. TO DISPUTE:

      Illinois Central Gulf Railroad Company


          and


      Brotherhood of Maintenance. of Way Employes


                    STATEMENT Off' CLAIM


            "'(1) The dismissal of Trackman S. E. Oliver for allegedly-"being accident prone" was without just and sufficient cause...


            '(2) Trackman S. E. Oliver shall be reinstated with seniority and all other rights unimpaired and compensated for all wage loss suffered.'"


                    OPINION OF BOARD


Claimant was notified to attend an investigation concerning a charge that he had a-propensity to be accident-prone. Subsequent to the investigation, he was dismissed from service.

 Despite protestations to the contrary, we are of the view that Carrier has substantiated the charges. We feel, however, that a permanent dismissal was unduly harsh.

                        FINDINGS


The Board,.upon consideration of the entire record and all of the evidence finds:

 The parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended.

 This Board has jurisdiction over the dispute involved herein.

 The parties to said dispute were given due and proper notice of hearing thereon.
                                          PLB - 2366

                                          Award No. 48


                          AWARD


      1. The termination is set aside.


2. Claimant shall be restored to service with seniority and other benefits but shall not receive reimbursement for compensation lost during the suspension.

 3. The. Carrier shall comply with this Award within thirty (30) days of the effective date.

                  eph A. Sic? es i n and NeutZ~ Member


d
 J. S. Gibbins Hugh . Harper
 Carrier Member Organization Member

                        S

                          DA E


2.