Parties Brotherhood of Maintenance of Way Employees
 to and
 Dispute Southern Railway Company
 Statement
 of Claim: Claim on behalf of Machine Operator, R. Y. Wilson that
 he be reinstated to service with seniority unimpaired
 and be paid for lost time.
 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 was dismissed from service following a formal investigation held on February 14, 1979 as discipline for failing to protect his regular assignment as Operator T&cS Gang 16 on June 26, 1979 and every working day thereafter.

 The Board finds that Claimant was accorded a fair and impartial hearing pursuant to Rule 40.
 . -2- Award No. 5 --:2.ss6
    There was sufficient competent evidence adduced to support Carrier's conclusion as to claimant's culpability.


    While the Board would not generally interfere with the discipline assessed it finds circumstances which serve to mitigate the discipline assessed. Therefore, without establishing any precedents thereby claimant will be reinstated to service on a one (1) year probationary basis with all rights unimpaired, but without pay, subject to passing the usual return to service examination. Probationary status does not remove Claimant's ri.ghts under Rule 40.


    Award: Claim disposed of as per findings.

    Order: Carrier is directed to make this Award within thirty (30)

    days of date of issuance shown below.


    A. D. Arnett, Employee Member R. S. Spe ki, CarrW Member


                                            'EGG

                        Arthur T. Van Wart, Cha rman and Neutral Member


                        Issued at Washington, D.C., April 4, 1980.