Following an investigative hearing, the Claimant received the

Effective this date you are hereby disqualified as a Group III Operator for continued violation of Rules 50, 52, 62 and 63 . . . when you failed to properly secure workheads of Chase tamper, and they bled down and hit crossing on Feb. 20., 1991, at M.P. 188.5, L.S. 485.

The incident in question resulted in $2,000 damage to the

Review of the record indicates support for the Carrier s conclusion that the Claimant was at fault in the incident. As to the resulting disqualification, the Carrier took into account the Claimant's previous record, which shows a number of offenses, including a 15-day suspension in reference to a machine collision the previous year.

The organization takes particular exception to the citation of "continued" in the notice of disqualification. The Board does not find this improper. As stated in Third Division Award No. 21835:

Determination of guilt as to the alleged offense in question is confined to evidence developed at the investigative hearing. It is, however, entirely reasonable and fitting for the Carrier to weigh the past record of the employe in assessing the degree of penalty.

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