Parties to Dispute:





Statement of Claim:

      Claim on behalf of C. L. Rion appealing his thirty (30) day suspension which resulted from the formal investigation of April 17, 1995, in connection with his improper performance of duties on March 28, 1995, when there occurred a collision between Spiking Gang No. 1 machines, near Milepost NB-378.5, at approximately 1:30 p.m.

              (Carrier File: MW-ROAN-95-15-LM-0371


Upon the whole record and all the evidence, after hearing, the Board finds that the parties herein are carrier and employee within the meaning of the Railway Labor Act, as amended, and this board is duly constituted by agreement under Public Law 89-456 ,and has jurisdiction of the parties and subject matter.


This award is based on the facts and circumstances of this particular case and shall not
 serve as a precedent in any other case. -

                        AWARD


After thoroughly reviewing and considering the transcript and the parties' presentations, the Board finds that the claim should be disposed of as follows:


dGA1IVAA)6 SUS' ~Ecl s/ o ..~ _ /S771CC~'~ To _ f- LET7~ 2 0
 A2EP,4J/YI ~4 N 4 . CG~/ r~.UT . 'S'rih4LC. ~A~h=0.~. A

                      John C letcher


Richard A. Lau E. N. , (adobs, Jr.
 Organization Member Carrier Member
 /7
              Issued at Norfolk, VA on October, 1996