PARTIES Brotherhood of Maintenance of Way Employes
 to and
 DISPUTE: Consolidated Rail'Corporation
 STATEMENT OF CLAIM: Appeal of Welder Francisco Vargas to have his
 dismissal removed from the records and to be restored to the service.
 FINDINGS: The case before us arose after the Carrier Concluded,
 subsequent to an investigation, that the Claimant was accident~prone. -
 The Carrier found that the Claimant did not exercise due care and
 caution when he injured himself on September 14, 1984. It then
 reviewed the Claimant's past injury record and concluded that his
 injury frequency rate was in excess-of other employees with compar
 able seniority and work.
 The Organization, as it progressed this appeal and before the Board, argued-vigorously that the Claimant-had been. prejudged.- It . asserts that the Carrier improperly allowed"'ce=tain"testimdriy to~be -' - introduced, did not specify the exact offense for which the Claimant was charged, and untimely charged him with prior injuries.
 With respect to the Organization's due process assertion, from the record before us, we find that the Claimant's rights have not been prejudiced in these proceedings.
 Turning to the merits, there is substantial evidence to support the Carrier's findings that the Claimant's failure to use proper care on September 14, 1984 resulted in his injury that date. Given
 Page 2 C-101/A-99

 the total record, we have no basis to find out the Carrier misused its discretion.




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FZ. Domz ski `. Eckehard Muesli . P. Cassese _
 Ca rier M er Neutral Memb Employee Member -

 Dated: FEB 27 ESU