PARTIES Brotherhood of Maintenance of Way Employees
 DISPUTE: and
 Consolidated Rail Corporation
 STATEMENT Appeal by "B" Operator M. Robinson from his
 OF
 CLAIM: dismissal because on an incident that occurred
 on October 14, 1980.
 FINDINGS: On the date in question, October 14, 1980, a
 collision took place between a ballast regulator
 and train No. 62 on Track 2 between Stuyvesant
 and Rensselaer. Claimant, an employee with seven
 years service, was opera-kng the ballast regu
 lator when the accident occurred.
 Carrier's findings that claimant was negligent
 and that his failure to use due care was the direct cause of the
 mishap are supported by substantial evidence. It appears that he
 occupied Track 2 without permission and passed a red stop signal at
 CP Conn without authority. Without question, his negligence is of -
 an extremely serious nature and heavy discipline is warranted. -
 We are of the opinion, nevertheless, after care
 fully examining the record in its entirety that he should be given
                            Case No. 25


another chance to show that he is a reliable employee. He has a reasonably good record of seven years service, and, so far as we can determine, had not been previously involved in an accident hearing. He testified that he was under the impression that his foreman had beckoned him on, by a wave of his hand, to proceed further along Track 2 past CP Conn. The lengthy suspension without pay will emphasizethe importance of careful precautions to understand instructions and operating rules.

 AWARD: Claimant reinstated without compensation for any -
 monetary loss resulting from the discipline.
 To be effective within 30 days.
 Adopted at Philadelphia, Pa., October 4, 1984.
 L
 Harold M. W ston, Chairman

    Cat/rier emu Employee ember

    G.