PARTIES Brotherhood of Maintenance of Way Employes
to and
DISPUTE: Consolidated Rail Corporation
STATEMENT OF CLAIM: Appeal by former Foreman J. Caldwell from
disqualification from position as Foreman.
FINDING: In this dispute, the Claimant's disqualification was
decided upon after the Carrier determined, subsequent to a
hearing held on April 2, 1981, that he had failed to properly
perform his assigned duties as a Foreman in charge of the use of
stopsigns.

On the basis of our review of the evidence, it cannot be properly said that the Carrier lacked reason for deciding that the Claimant's actions were so serious that they merited disqualification. However, while the Claimant was remiss in the execution of his duties, the period of time since the violation is sufficient penalty, under the circumstances herein. We are satisfied from our examination of the record that he should be afforded another opportunity to serve as Foreman.


The disqualification will be removed but 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.
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F.` . Domzalyi Eckehard Mue sig fP. Cassese
C bieremr Neutral Member Employee Member

Dated: JUN 21 1935