The Claimant was notified of an investigation concerning a charge that he damaged a Tamper, which resulted in delay to a passenger train. Subsequent to the investigation, the Claimant was disqualified as a Group C Machine Operator.

Although the Employee has the responsibility to inspect his assigned machine to see that it is properly serviced and maintained, the Claimant here admitted that he did not check the spring latch to ascertain that it was properly engaged. As a result, according to the Carrier, the turntable dropped causing damage to the Tamper. Further, itarguesthat the discipline assessed was warranted due to the damage inflicted and a past history of damaging other tampers and machines.

The Claimant argues that the day in question was his first day of operating the Tamper in question. Further, there is some question as to the instruction given to the individual concerning this machine and there were no warning lights or other external indication of a problem.

After thorough review of the record, we are of the view that the Claimant demonstrated a degree of culpability. However, even recognizing his prior record, we

FINDINGS