FILE: m0-24-T-78


PARTIES TO DISPUTE

      Illinois Central Gulf Railroad Company


          and


      Brotherhood of Maintenance of Way Employees


                  STATEMENT OF CLAIM


      "Claim of Mr. B. J. Jennings for pay for each work day missed during 90 day suspension, beginning July 21 and.continuing to October 18, 1978._


                  OPINION OF BOARD


The Claimant was patroling tracks on July 5, 1978,. and at 1:15 p.m., he collided with Train 1/92. Subsequent to a formal investigation, he was assessed a 90 day suspension. .

 The Organization points out that on the day in question the Claimant was concerned with the operation of Train 92, and he had requested that the Operator make certain contact with the Train Dispatcher. Regardless of the fact that the Claimant may not have received full cooperation from his fellow employees, he did proceed improperly and .contrary to Carrier's rules. The train order was changed, and there was a collision. Claimant's reliance upon a "line-up" was, of course, misplaced and he should have known that line-ups are nottrain orders'. The evidence also indicates that the Employee did not seek to make radio contact with other traffic.

 While the suspension was'rather lengthy, we cannot say, under all of the circumstances, that it was arbitrary.

                      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.

                        A14ARD


      Claim denied.


              V --r

              Joseph A. Sic .1 es

              Chairm ii and Neutral Memler


Hugh . Harper ~V ' J ~IAJMicha r J.' Hagan
 Organization Member Carrier Member

                        DATE


2.