PARTIES TD DISPUTE
 BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
 AND
 NORFOLK AND WESTERN RAILWAY COMPANY

 STATEMENT OF CLAIM


FINDINGS
 Claimant was employed as a Backhoe Operator at Norfolk, Virginia. By letter dated May 23, 1984, Claimant was notified to attend an investigation concerning charges that he was responsible for an accident occurring on May,21, 1984. An investigation was held on June 6, 1984 and continued on June 14, 1984. On July 3, 1984, Claimant was given a 30 day deferred suspension and a five day actual suspension.

 The issue to be decided in this dispute is whether Claimant was disciplined for just cause under the Agreement.

 Initially, the Organization contends that Carrier violated Claimant's procedural rights by providing incorrect information in the original letter
 of charge dated May 23, 1984, and the subsequent letter of charge June 1, 1984. Specifically, the Organization cites the fact that on both letters Carrier listed the date of incident as May 22, 1984, when in fact the incident at issue occurred on May 21, 1984. The Organization argues that this inaccuracy prejudiced Claimant's ability to prepare an effective defense and that the discipline imposed should therefore be invalidated on procedural grounds.

 Carrier contends that evidence produced at the investigation established clearly that Claimant was responsible for his backhoe being struck by a railcar on May 21, 1984. Carrier maintains that Claimant negligently operated his backhoe on Track No. 6, erroneously assuming that that track was closed. Carrier cites the testimony of Foreman Ratliff that he specifically told Claimant that only Tracks 7 through 11 would be closed and that he should stay off Track No. 6'. Carrier further cites the testimony of Pipefitters Rogers, Goode and Williams, which corroborated Ratliff's testimony. Carrier maintains that the testimony clearly established that Claimant was put on notice regarding Track No. 6 and yet took it upon himself to work on that track without authorization.

 Carrier further contends that the typographical errors contained in the letters of charge did not unduly prejudice Claimant's ability to prepare a defense. Carrier maintains that Claimant was fully aware of the incident to which the charges related and was fully prepared at the hearing to present defense.

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After review of the record, the Board finds that the Organization's claim must be denied.

 It is not the purpose of this Board to rehear an investigation that Carrier held but only to determine if the discipline imposed was arbitrary, capricious or an abuse of discretion.

 Initially, we reject the Organization's procedural argument. There is no factual dispute concerning the typographical errors in the letters of charge. However, we find no evidence that Claimant was unable to prepare an effective defense or was unaware of the incident resulting in the charges. To the contrary, it appears extremely unlikely that the erroneous date confused Claimant in any way regarding the charge at issue, since he was involved in only one collision.

 Regarding he substantive charge, we find that Carrier has sustained the charge against Claimant. The testimony of Ratliff, along with that of the Pipefitters, establishes that Claimant was put on notice that Track No. 6 was off limits. The evidence suggests that Claimant either intentionally disregarded those instructions or negligently failed to heed them. In either case, his unilateral decision to work on Track No. 6 created the situation resulting in the collision. In light of the circumstances, we find that Carrier acted within its discretion in imposing the suspension against Claimant.

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    Claim denied.


                                    Pauw s

                        Neutral Member


                        Carrier Member


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                        Orga tion Member


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