PARTIES Brotherhood of Maintenance of Way Employes
 to -and- - _
 DISPUTE: Consolidated Rail Corporation

 STATEMENT OF CLAIM: Appeal of B & B Mechanic M. Valente to have twenty (20) days suspension removed.

 FINDINGS: in this dispute, the Claimant was charged with a list
 of offenses (well detailed in the record), including failure to
 report his work location promptly, failure to follow instructions,
 insubordination and use of intoxicants while on duty January 15,
 1982. Subsequent to an investigation, he was found guilty of the
 charges and the discipline cited above was assessed.
 The Claimant, on January 15, 1982, was part of a crew assigned to install walking planking on a bridge. However, the description of the incident used by the Carrier to make its case with respect to the Claimant is not supported by the evidence adduced at the hearing. Essentially, the Carrier has speculated as to the Claimant's role and responsibility for events which it considered to be in

 violation of its rules.
 While it is true that the Claimant was a member of the crew that was involved in the events under dispute, he was never identified with respect to the circumstances surrounding the alleged purchase of alcohol. Moreover, the Foreman was in charge
 Page Z C-89/A-94

 of the crew and the significant movements of the crew were undertaken on his authority. Accordingly, the Carrier's discipline with respect to the Claimant is not reasonable under the evidence presented in the record, and is set aside. AWARD
The claim is sustained.

 F: ,J. Dom za s ci. ~'a-rrier I&ember

 JA* 23 W"

Ec ehard M essig

Neutral Member


P. Cassese
 mployee Member