Chicago and ~brth Western Transportation Company STATEMENT OF GIaADi:

·· (1) the forty-fire (Lc5) days deferred suspension of Assistant Foremen
 C. T. Wooldridge, G. P. Larson and Michael 0. Rand was capricious,
 improper and based open unproven charges. It should, therefore,
 be striven from their respective recards.··
 OPINION OF BOARD:
 On April 25, 1977, Claimants each were employed as Assistant Foremen on a large gang layLng ribbon rail an the Spooner subdivision of Carrier's Twin Cities Division. As Assistant Foremen they were assigned to assist Foreman Kodesh in the performance of his duties, See Rule 3 (c ) .
 On the day in question, the gang concluded its work near Serene and proceeded an overtime to put the track machines and crane in a siding and tie up for the next day. The first track vehicle went into the siding at about 4:50 p.m. Before the machines had a1.1 been refueled and switched into the siding, Claimants asked and were granted permission from Foreman. Kadesh to go hams. Claimants left the dab site at about 5t30 p.m. and the Foreman and Machine Operators remained to .finish refuel ing and. switching the machines into the siding. They completed the ware at about 6t00 p.m. and they too left for the day. It is unrefuted that Carriers safety rules required that path equipment in the siding the switch must be lined for the maim track and locked.


approached the switch at a speed of approximately 3miles per hour. The Engineer
 noted, too late to avoid a, disaster, that the switch was not lined fear the main line
 but rather for the siding. He was unable to stop the train before it entered the
 siding, struck the track equipment and derailed. Members of the train crew were
 injured and Carrier's equipment suffered extensive damage.
 Follow` proper notice and one postponement a hearing was held on May 14, 1977. .After that hearing., Clai=mants each were assessed a 45-day deferred suspension. based upon Carrier's finding that they were contributorily responsible for the collision. We must reverse that finding and set aside that discipline.
5 :30 p.m. TLcat permission was in no way qualified or made contingent upon closing
 and spik the switch. Evidently someone was negligent in leaving the switch lined
 for the siding after all the ~ achinexy had been switched in at approximately 6:030 p.m.
 By that time., however, Claimants had left the job site with permission. .Py excusing
 his Assistant Foremen and letting then go home, the Foreman assumed .full responsi
 bility for personally supervising and checking all the remaining work, including the
 proper alignment of the switch. =~e c°`a.y do not condone negligence or failure
 to obey safety rules, but to hold Claimants gilty of such misconduct on this record
 would be arbitrary, unreasonable and capricious. ;.'here Carrier's exaction of dis
 cipline is without foundation 3n fact it cannot be permitted to stand. See Third
 .vision Awards 4325, 5543, 5787, 6056, 6110, 6827, 10582, and 21649. The claim must be sustained. FTNDDGS s
 Public Law ward Rio. 184t, upon the whole record and all. of the evidence, finds and holds as follows:
 That the Carrier and FIVloye involved In this dispute are.. respectively,

 Carrier and 2oye,within the meaning oP the Railway Labor Act;

3. that the Agreement teas violated.

 Aid

 Claim sustained.

 . E
 3.sch.,

 H-*G..rpe, move Pen bex

 1 ---7- ~~ (-T K
R. W. Schraiege, Carrier .y{er.:~er