STATEMENT OF CLAIM
Claim on behalf of Engineer
 A. J. Dugosh for removal of
 Level 2 discipline assessed as
 a result of an investigation on
 September 8, 1994 for failing
 to stop his train, resulting in
 a collision.
 OPIrTION OF BOARD

Claimant was assessed a Level 2 discipline in connection with a sideswipe on May 21, 1994. Car. Etch. C.

The record reveals, however, that Claimant was performing his duties as instructed by hand signals from his Foreman and switches were lined accordingly and that Claimant was not in a position to have prevented the collision. Substantial evidence therefore does not support the Carrier's decision to impose discipline. That discipline shall be rescinded and Claimant shall be made whole in all respects.


PUBLIC LAW BOARD NO. 5943

 PARTIES
 TO

 DISPUTE ) UNION PACTF'IC RAILROAD COMPANY
BROTHERHOOD OF' LOCOMOTIVE ENGINEERS
AWARD


AWARD NO. 18 CASE NO. 18

 Edwin H. Berm
 Neutral Member


Organization Member

W. R Slone II


Fort Worth, Texas

 Dated: ~ ~ ~f