PUBLIC LAYI BOARD NO. 5724
PARTIES TO DISPUTE:

 STATEMENT OF C_Zr_IM:

 Brother-ocd of Locomotive Engineers

 and

 Ncrfolk Southern Railway Company

 Case No. 21
 Award No. 21

 On behalf of Conductcr _.. J. De '_prince we ask that (1) the discipline assessed, =_=teen (15) days actual suspension be rescinded, (2) his r__crd be compl=etely cleared of any wrongdoing in connecticn with the charges lodged, (3) he be paid for all time lost =._ the period o° his suspension, for attending the ...-est_gation and for attendina any subsequent apoeal hearings and arbitration proceedings, (d) such reimbursement and _ompensation be proper'=y credited and distributed so that retir=ement taxes and credits are properly withheld and --red-- ted for each day o` service he would have worked .._.. _.- -:ot been assessed d_scipli ne and
 required to attend the Investigation, (5) his T&E Vacation
 Credit bank be incr=_asez t,. reflect days he would have worked had he not bee.^, assessed discipline and required to attend t.:e investigatic-., (o') he be reimbursed for all expenses incurred as a r=_s~ilt of his attending the investigation and any subsequent appeal proceedings, and (7) he be paid cn ar. earnings lost bass to re-qualify on any operating rules and instructions as well as the physical characteristics of any territory lost as a result of this absence from duty.

 OPINION OF BO?=.D:

 This is a dispute invclvinq an e:nplovee who was allegedly
 observed walking on the heads cf ties, fouling the track, and placing
 himself at risk while perfor.-.,_ng his work: as Conductor at Binghampton,
 New York- on t:he date cf the _-cident; Sect ember , 213(1..1, Claimant
 mr 1711 was working as CcnC',~Ct=,r c., _=a= i 205 when, It was stated, he stooped
 a yard mcvement, Zn_ew a .-w_==·a.^..: rer'1raec. to the rear of h-s train
 by walking be=ween Mains _ an d. . on t:t=_ ;:ends o_ ties.
the Office Tcwez, Clalmanz was
 be t,ween

                                            Award No. 21

                                            Page 2


He was assessed fifteen days actual suspension, which is the subject of the present claim.

 The organization insists there is no real proof that Claimant violated Rule GR-32, which prohibits fouling a track by the placement of an individual or equipment in proximity to a track so that the individual or equipment could be struck by a train, locomotive or other railroad ecauioment. The Petitioner asserts Claimant testified he had communication with the Southern Tier Train Dispatcher controlling this territory and this particular movement; furthermore, he had a sight vision for at least one hundred car lengths, so in effect, he was working in compliance with Rule GR-32.
our review of tae record =nfcrms with the presentation :made by Petitioner on the issue of lag:: of substantial evidence. We do not believe the Carrier has borne -is burden of proving that Claimant's actions on the date in cues=ion were in violation of the Operating Rules, particu larly General ~ul=_ 32. We will sustain the claim for recession of the fifteen day s-scension and deny the remainder of the claim.

 FINDINGS: The Agreement was v_o-ated.

 AWARD: Claim sustained for re-zersal of the fifteen day suspension.

          ORDER: The Carrier will place the award into effect within thirty (30) days o_ the effective date.


Dated in Norfolk, Virginia, this 3U-6l day of , 2002.
                            J

                            W. F,. uker, Neural Member


                                                l° -~i-ey


                            S. R. Budzina/JCarrier Member


                            /'7-':-s ~z

                            ?. T. Sorrow, Orean4_zation Member


Carrier File: JC-BUF-0_-_32
 Organization F_le: JC-cOF-O1-:32