Parties Brotherhood of Maintenance of Way Employes
 to and
 Dispute: Southern Railway Company
 Statement Claim on behalf of T. M. Hagler for restoration to service with seniority
 of and other rights unimpaired and pay for time lost subsequent to
 Claim: November 21, 1979 account of being dismissed for failing to perform his
 duties in a safe and proper manner.
 Findings: The Board, after hearing upon the whole record and all evidence, finds that
 the parties herein are Carrier and Employee within the meaning of the
 Railway Labor Act, as amended, that this Board is duly constituted by
 Agreement dated October 17, 1979,that it has jurisdiction of the parties
 and the subject matter, and that the parties were given due notice of the
 hearing held.
 Claimant Track Laborer was removed from service on November 14, 1978 as the
 result of an observation made by the Division Engineer, on November 13th,
 when he saw Claimant with his foot up on the ball of the rail and spiking
 over the rail down by his foot.
 Following a formal investigation, on November 21, 1978, Claimant was
 dismissed for:
 "Continued failure to perform duties in a safe and proper
 manner in compliance with Safety Rules, regulations and
 instructions and specifically for violation of Rules B, E,
 M, GR-4 and GR-13(N)."
 The Board finds that Claimant was given a fair hearing.
 There was sufficient evidence adduced to support the conclusions of
 Carrier as to Claimant culpability, including Claimant's own admissions,
 that he did step on the rail and spike across the rail.
                                                  Public Law Board No. 2556 Award No: 2 Page 2


          The discipline assessed, in view of Claimant's record of injuries and his statement that "he tries to work safely but he cannot" is held to be reasonable. In the circumstances, this claim will be denied.


Award: Claim denied.

 A. D. Arnett, Employee Member R. S. Spens i, Carrier Mem er

                        y

                      ' GG~ ~~ ~ W J/

                      Arthur . Van Wart, Chairman

                      and Neutral Member


                      Issued at Salem, New Jersey, this 5th day of April, 1980.