PARTIES -,) ' . BROTHERHOOD OF LOCOMOTIVE ENGINEERS
 TO )
 DISPUTE ) UNION PACIFIC RAILROAD COMPANY
STATEMENT OF CLAIM We cannot say that burden has been
 Claim of Engineer P. O. West met. Although Claimant should
 for removal of Level 3 disci- have been hanging on to the loco
 pline from his record and motives, because of the configura
 payment for a flue-day sus
 pension assessed as a result flon of the locomotives and the
 of violation of Company flexible safety chain, we -are not
 Safety Rules satisfied by substantial evidence
 OPINION OF BOARD that Claimant violated any rule.
 Claimant received a Level 3 dis- The discipline is rescinded and
 cipline (5 days oil) as a result of an Claimant shall be made whole in all
 injury suffered by him on August 24, respects.
 1995. Car. Exh. B. AWARD
 The record shows that on August Claim sustained.
 24, 1995, Claimant tripped on an
 uneven walkway between two loco
 motives and injured his knee and
 Edwin H. Benn
 wrist. Prior to his fall, Claimant Neutral Member
 grabbed at a safety chain, but the
 safety chain was flexible and was C
 not adequate to break his fall. The Carrier Membe
 record further reveals that at the A. C. Hallberg
 time of the incident, the locomotives
 were on a curve which map have al
 tered the normal walking path. W. R Slone II
 The burden rests with the Carrier
 to demonstrate substantial evidence Fort Worth Texas
 to support the decision to discipline. Dated: