PARTIES Brotherhood of Maintenance of Way Employes
 DISPUTE: and
 Consolidated Rail Corporation
 STATEMENT Claim by Track Foreman Arend Meinema appealing
 OF
 CLAM: from 60-day record (time out of service to
 apply).
 FINDINGS: At about 9:47 a.m. April 3, 1982 an Amtrak train
 derailed. Claimant, after a hearing had been
 held in the matter, was given a 60-day suspension
 on the ground that he had failed to inspect properly
 the general area of the track defect.
 Track Supervisor Johnson testified that he had been
 notified by a block operator at 5:35 a.m., April 3, 1982, of a re
 ported kink in westbound no. 1 track east of mp 138.4. Johnson passed
 on the information to claimant and asked him to check the area. After
 his inspection, claimant advised Johnson that he went to mp 138.4,
 walked between .1 and .2 west, then proceeded east to 30th Street,
 but found no defect.
 Mr. Johnson also testified that in making such an
 PLB No. 3514 Award No. 2 Case No. 2 2

 inspection, he had always covered 1/2 mile minimum in either direction. It is also his testimony that the defect in question was within that 1/2 mile inspection area.
 Claimant acknowledged that he had received a specific order from Mr. Johnson to check a reported kink at or east of MP 138.4 on #1. He testified that he checked the track by walking 2/10 of a mile west of MP 138.4 and looking down the track another 1/10 of a mile; he then proceeded east as Mr. Johnson testified. He did not use the high-rail vehicle that was available for track inspection. It does not appear that he was told to walk further west, in inspecting the track, after he called in to report what he
 had done.
 ' The mere fact that a train derailment occurs does
 not necessarily warrant discipline for track inspection forces. -In
 the circumstances of this case, however, we find no persuasive ground
 for substituting our judgment for that of Carrier even though we
 would not ourselves have suspended him for so long a period.

 AWARD: Claim denied.
                  1

                  Haro d M~. Weston, Chairman


        rrier M er Employeember