PARTIES TO DISPUTE:
BROTHERHOOD OF LOCOMOTIVE ENGINEERS)
AWARD NO. 30
 UNION PACIFIC RAILROAD COMPANY )
 STATEMENT OF CLAIM:

 Claim of Engineer J. w. Anslover of Salina, KS, for all time lost and removal of Level 1 Discipline from record.

The Carrier and the Employees involved in this dispute are respectively Carrier and Employees within the meaning of the Railway Labor Act, as amended. This Board has jurisdiction of the dispute here involved.

Claimant was summoned for formal investigation on a charge he failed to avoid objects and obstructions in the vicinity of MP 228.75 on June 14, 1999, and that he failed to perform a proper job briefing.


This Board has reviewed the transcript of hearing and are unable to find therein any evidence that claimant was at fault when he was injured on June 14, in addition to which it is found no effort was made during the investigation to address the charge that claimant failed to perform a proper job briefing.


In situations such as that here involved the burden is on the Carrier to prove with substantial evidence that claimant was at fault. Carrier has failed to provide such evidence in this case, therefore, the imposition of discipline cannot be upheld.


                        AWARD


,~ai~,qustained.~ Carrier is instructed to comply with this

 days from the date hereof.

 J. N s , rrie Member xa~Pars~n, Employee Member

                              l

                    ·'.i~!'.~

              F. T. Lynch, N J ral Chairman


Award date ~ - ~'~i~0