Organization's File: A050206.2


PARTIES TO
 THE DISPUTE: Brotherhood of Maintenance
 of Way Employes
 vs.
 Kansas City Southern Railway Company
 (former MidSouth Rail Corporation)
 ARBITRATOR: Gerald E. Wallin
 DECISION: Claim sustained in accordance with the Findings
 STATEMENT OF CLAIM:
      "Claim of the System Committee of the Brotherhood that:

      We are hereby submitting an appeal in accordance with Rule 34, of the agreement

      between the Kansas City Southern Railway Company-MidSouth Rail Corporation...

      and its employees represented by the Brotherhood of Maintenance of Way Employes

      ... concerning the Director Labor and Office Administration, C. L. Wright's decision

      dated March 17, 2006 to discipline ... employee W. NT. Davis, for alleged violation

      of the Kansas City Southern General Code of Operating Rules 1.1,1.1.1,1.1.2,1.1.3,

      1.25, 1.6,1.19 and 1.6, and from the Special Instructions of the Kansas City Southern

      System Timetable Rule 1.6 as revised, as a result of an investigation held March 10,

      2006 ..."

FINDINGS OF THE BOARD:

The Board, upon the whole record and on the evidence, finds that the parties herein are Carrier and Employees within the meaning of the Railway Labor Act, as amended; that this Board is duly constituted by agreement of the parties; that the Board has j urisdiction over the dispute, and that the parties were given due notice of the hearing.

Claimant was dismissed from service by decision letter dated March 17, 2006 as a result of his operation of a Carrier vehicle at a higher than appropriate rate of speed for known hazardous conditions (icy, mist and sleet) at approximately 7:20 a.m. on February 20, 2006 near Grambling, Louisiana. The vehicle spun out of control and collided with a median guardrail causing approximately $3,500 damage to the truck. At the time of the incident, Claimant had more than 30 years of railroad service.

      Our review of the record in this matter does not reveal any procedural irregularities of

Public Law Board No. 6920 Award No. 8
 Page 2

significance. However, the unique mitigating circumstances of this record call for a modification of the"discipline. Subject to successfully passing the Carrier's usual requirements for returning to work after, extended, absence, Carrier is directed to offer Claimant reinstatement to his former employment status with seniority and other rights associated with that status unimpaired but without back pay or other economic benefits attributed to his time out of service.


AWARD:
      The Claim is sustained in accordance with the Findings.


W erald E. Wallin, Chairman
 ra"nd Neutral Member

 T. Kre AlMno,
 Organi tion Member ier Member

 Date: