PARTIES Brotherhood of Maintenance of Way Employes

 .,. to :. :., : _'. _ and _ ..
 DISPUTE: Consolidated Rail Corporation

 STATEMENT OF CLAIM: Appeal of J. R. Baty, Inspection and-. _-.__
 Repair Foreman, from disqualification as Track Foreman.'

 FINDINGS: Subsequent to aninvestigation held on` March 8, 1985,
 the Claimant was found guilty of failure to detect and/or correct
 certain rail'track defects, defects which Carrier asserts may
 have caused a derailment or damage to the track if not corrected
 properly. .- .
 The Carrier, in arriving at its conclusions of guilt, mainly relied upon testimony adduced at--the- hearing. -' _-_--_`__;~,-.`._ _
 The- Board finds, 'afte=~a thorbugh review of the"record before -us, evidence to support a finding of guilt to the charge. However, while we do not minimize the Claimant's failures and have not neglected to consider the fact that he had been disciplined a number of years ago for essentially the same failures as here,the Board is of the opinion that the period of time that has elapsed since the violation is sufficient penalty, under the circumstances herein. We are satisfied from our examination of the pertinent facts that he should be afforded another opportunity to serve as an I & R Foreman, subject to satisfactorily meeting Carrier's
 C-106/A-102

 requirements, including tests normally administered to attain the classification of Track-Foreman.

 AWARD
The award is as specified above. The disqualification will be removed. However, no back pay will be 'due the'Claimant. Removal of the disqualification is to be effected within thirty .(30) days of the date of the Award.

 F~. Domki
 C tier M er

 Dated: - - FEB 27 M
£ckehard uessig
 Neutral Membe

P/.," - -

~. P': Cassese

Employee Member