PARTIES Brotherhood of Maintenance of Way Employes
 _TO
 DISPUTE: and
 Baltimore and Ohio Railroad Company
 STATEMENT 1. Carrier acted harshly ani! without just cause
 _OF
 CLAIM: when it removed James Litten from service on
 June 17, 1977.
 2. Carrier now reinstate claimant Litten and
 provide him with a fair, equitable and just op
 portunity to demonstrate his ability to perform
 the work and prove himself as a trackman. This
 accomplished, restore seniority unimpaired.
 FINDINGS: Hired as a trackman on April 4, 1977, claimant
 was removed from Carrier's service on June 17,
 1977. According to a supervisor, his work was
 unsatisfactory.
 Under the express terms of Rule 48(b), the pro-

 tection affered employes by the Discipline provisions of the
 parties' Agreement does not apply to traclenan with less than 90 days service. In the light of this agreed upon protati,iiary period provision, there is no basis for interfacing with Carrier's decision to terminate claimant's employment. This is. not to say that we uphold the supervisor's opinion that claimant was an unsatisfactory employe; such decisions based on brief experience are not always reliable and claimant may well have received good ratings from other supervisors. However in view of Rule 48 (b) and claimant's brief service, we have no slternaLivebut to deny the claim.

 AWARD: Claim denied.



                Harold M. Weston, Chairman


    CA'friar Memo Employe Member


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