Award No.29
 Case No. 36

 Public Law Board No. 3514
PARTIES
 TU DISTUTE:

STATEMENT

TF

C LAM
FINDINGS:

 Brotherhood of Maintenance of Way Employes
 and
 Consolidated Rail Corporation

 Appeal by G. Knox from discipline of suspension from December 25, 1981 until January 4, 1982.

 Claimant's suspension was based on Carrier's findings that he, along with Supervisor Bennett, failed to make proper repairs to rails and that their negligence caused a derailment on December 25, 1981. Mr. Bennett was dismissed as an Assistant Super-

 intendent and suspended for six months. The record shows that claimant normally served as a truck driver and was only "filling in" on the day in question. It appears that claimant told Mr. Bennett that the track was not in a safe condition and should be replaced at the point in question. The evidence does not indicate that claimant did not carry out the instructions that were given to him. We are not satisfied that this record supports the loss of pay imposed on claimant. The discipline will be set aside.


AWARD: Claim sustained. To be effective within 30 days.

                Adopted at Philadelphia, Pa., October 4, 1984. -


              Harold M. Weston, Chairman


rrier MeI~ r (/Employee Member