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    On May 15, 1986, the Claimant, Mr. Glenn L. Cmc, in the course of driving

    past a parked vehicle, caused damage to that other (Carrier) vehicle. in

    order to pass the parked vehicle, it was necessary for Mr. Cox to drive

    partl y on a raised embankment. By all accents, Mr. Cox was driving very

    slowly. Apparently, in tile curse of this marsetrvex, a grate on Mr. Cox's

    vehicle shifted, it t in the side mirror of the parked vehicle and

    as a result, the parked vehicle's side door was damaged. Mr. Ccuc

    contends that he operated his vehicle in a safe and prudent manner. The

    Carrier ccntends that given the narrow space for passage, Mr. Cmc should

    have relocated the parked vehicle before he attempted passage. In other

    words, Mr. Cox chose a less safe option and an accident occurred.


    We must conclude frcm the record that Mr. Ccx used poor judgement and ached in an unsafe manner. Me need to drive forward at an angle ( partly on the embankment) evidently caused the grate to shift. Me vehicle's very slow speed ("slower than walking") also underscores the precariousness of the option chosen by Mr. Cmc. Miere is substantial evidence that Mr. Car operated his vehicle in a manner that endangered the Carrier's Property-


    Upon consideration of the record and Mr. Cox's years of service with the Carrier, we find that discipline has served its purpose.

        l y3sl - 33~p~ 2


            Notation of the disciplinary s m q:-Pncion shall. be roved f~cm Mr. C=c's

            records, however, he shall not be made whole for lost .


                          Ronald L. Miller

                          Chairman and Neutral


              ~~( ~ C.octe~.J ~e'rr''J Member


          Maxine Timberman G. Glover

          Carrier Member ' Organization Member


. l6 S.x.~. tg s~

                          Date