PUBLIC LAW BOARD NO. 249


          BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES


                          vs. .'


                  NORFOLK AND WESTERN RAILv1AY CO.


STATEMENT OF CLAIM:

1. The Carrier failed to sustain its charges against Section Foreman Albert R. Azzano that he was in violation of certain specified Carrier O.-erating Rules on May 15, 1968, when the derailment of Train TC-1 occurred at South Broadway Street grade crossing, Geneva, Ohio.

2. The Carrier shall now reimburse Section Foreman Albert R. Azzano for all time lost while serving a twenty days actual suspension and that his record be cleared.

OPINION OF BOARD: .

The evidence does not sustain the charge that Claimant Azzano committed a dereliction of duty which contributed to the derailment in cuestion. Moreover, at about Noon--approximately.two hours before the derailment occurred--claimant checked the track and found it in satisfactory condition. The claim will be sustained

APIARD:

      Claim sustained.


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                    Lloyd H,iBailer, Chairman


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                          All


E. G. Psolla, Carrier Membe A. J. C ningham, Embl ye Member

Dated: July /3, 1971