PUBLIC LAW BOARD 6170

AWARD NO. 40


Parties to Dispute:
Brotherhood of Locomotive Engineers

 Statement of Claim: Appeal of Level 1 Discipline issued to D.J. Onate.

 Findings: On December 9, 1997, Claimant was serving industry located at milepost 729.

 While making a pick up, cars were released prematurely causing them to run to
 the side of his locomotive, resulting in personal injury to Claimant. The record
 does not indicate a violation of rule or judgment. Engineers must have confidence
 in their fellow crew members, and the record is devoid of evidence of Engineer's

 culpability.
 Claim sustained.

 FRANCIS X. QURNd~
 Chair and Neutral Member

 Don M. Hahs Organization Member

 TERRY M. STONE Carrier Member

 Date ",e o
 Omaha, Nebraska