PUBLIC LAW BOARD NO. 3514
Case No. 111 Award No. 111

Brotherhood of Maintenance of Way Employes

-and-


PARTIES
to

DISPUTE: Consolidated Rail Corporation

STATEMENT OF CLAIM: Appeal of Machine Operator H. D. Cutter to have
the discipline of dismissal removed from his record.
FINDINGS: The Claimant had been dismissed from the Carrier's
service for his failures to properly perform his duties, which
resulted in damage to a bridge and a derailment. He later was
returned to the service on a leniency basis with the time held out
of service applied as discipline.
Our careful review of the entire record leads to a finding that
the Claimant cannot absolve himself of some responsibility for the
events that occurred on November 22, 1984, as specified in the
charges of the Carrier. However, although some discipline was
warranted, when the Claimant's degree of responsibility for what
occurred is carefully weighted, we find a written reprimand more
appropriately fits the offense. The Claimant shall be paid for -
time held out of service in accordance with the appropriate rules.
AWARD



' Domz ki
C ier t4 er

Dated: MAY 27 ISO

Ecke ard~ uessig'

Neutral Member


P. Cassese
Employee Member