(Brotherhood of Maintenance of Way Employes PABTiTtApUTE:

STATgMENt' OF CLAIM :
Z. As a consequence of the Carriers violation referred to above, the discipline shall be removed from the Claimant's personal record, and her shall be compensated for all wages lost, in accordance with the Agreement. FINDINGS Upon the whole record and all the evidence, the Board finds that the parties herein are carrier and employee within the meaning of the Railway Labor Act, as amended. Further, the Board is duty constituted by Agreement, has jurisdiction of the Parties and of the subject matter, and the Parties to this dispute were given due notice of the hearing thereon. Claimant, called out at 2215 as pert of a crew to repair some bad rail, tripped over a cement signet stand and fractured his right hip. After Investigating the Incident, the Carrier believed Claimant violated all the Rules cued and did assess Claimant with a 30 day suspension. Doting the Investigation, the Carrier witness who did net personally sea the accident, testlfrod that Claimant was running, did not sea the signet stand, and tripped
                                                    N..,...

Pacer 2 Award No. r 68
 Case No. 168

aver sumo. The Garner, both In the Investigation, and when writing the FRA report said, "(Clairnanty left the office and began to sprint East on the passenger platform ...."

When queried by the Employee representative, the Carrier witness testified that the notation of Claimant running or more dramatically was sprinting, was culled solely from his Interview with the Foreman who stated Claimant "ran into him."

Claimant dented he was running when he tripped over the stand, and the Foreman stated his arse of the phrase "he ran into me" merely meant that Claimant collided with him; that Claimant was not running.


The Carrier as the charging party must furnish substantial evidence of Gta#mant'a culpability for the charges assessed. They have not in this instance established that Claimant was running. In fact, the Carrier, after the accident, barricaded the signal stand, painted It a bright solar and later removed the stand in its entirety. Further, there were no lights as of the date of the accident as there are new.

The claim wilt be sustained. Claimant is to be paid for all tints lost as provided tar in the Schedule Agreement and ail daces at this investigation are to be removed from Claimant's tiles.


                          AWARD


    Claim sustained.


                        ORDER

This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(:) be made. The Carrier Is ordered to make the award effective on or before 30 days following the date the award is adopted.

Page 3

zzz


Labor Member

 Dated:

 Award Nor. I (v S
 No. 168

 Robert L. Nick:, Chairman & Neutral Member

 Thomas M. Rohlina, Garrler tar