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PARTIES: Brotherhood of Maintenance of Way Employes

 TO `:-~=~... ' DISPUTE: CSX Transportation, Inc.

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


Fifteen day suspension assessed W. L. Tucker, ID# 168392 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 at 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 15 calendar day suspension. The organization thereafter filed a claim on Claimant's behalf, challenging his suspension. This Board has thoroughly reviewed the record and testimony in this case and we find that there is absolutely no evidence whatsoever that the Claimant was responsible for any wrongdoing. As in Case No. 5, there is no question that a collision occurred and that this employee was involved in working in the area. However, in order to establish sufficient grounds to issue a fifteen day suspension to a Claimant, the Carrier, which has the burden of proof, must support its charge with sufficient evidence. It has not done so in this case. Therefore, the claim must be sustained.

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 Award:

 Claim sustained.

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 Carrier Member

 Date: p

 itral Membeir I

 Organ at o Member