17

                                                        i i1 '~U


PARTIES: Brotherhood of Maintenance of Way Employes

 TO r~..JJU,

 DISPUTE: CSX Transportation, Inc. '

                  STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:


      Thirty day suspension assessed M. D. Cupp, IDi 168297

      as a result of investigation held October 27, 1989, at

Greenville, South Carolina." FINDINGS:
 On September 14, 1989, Claimant was instructed to attend a formal investigation:

      to develop the facts and place your responsibility, if any, in

      connection with the collision of Train A755 and a Bruschcutler

      3t approximately 12 noon, Thursday, September 7, 1989, Turman


      Road crossing near Mile Post AKL 59, Piedmont Subdivision and all -

      circumstances related thereto.

A formal hearing was held on October 27, 1989, and as a result, Claimant was assessed a 30 calendar day suspension. The organization thereafter filed a claim on Claimant's behalf, challenging his suspension.
 This Board has reviewed the evidence and testimony in this case and we must find that there is not sufficient evidence in the record to support the finding that the Claimant was guilty of any wrongdoing in this case.
 There is no question that a serious accident occurred and that the Claimant was working in that area and had responsibility for the proper performance of his duties. However, the Carrier bears the burden of proof and there is not enough evidence in the record before this Board that indicates that the Claimant was responsible for
 Award:

 S g A / 037 G' a.se .5 that collision. There _e, the Carrier had no jL. _ cause to issue discipline to him. Hence, the claim must be stained.

 Claim sustained

 I Meut b r
 Meut i M r

 Carrier Member

 Date:

 organization Mgm er