Parties to Dispute:





Statement of Claim: -

      Claim on behalf of T. A. Dalton requesting reinstatement and pay for time lost as the result of a December 4, 1995 investigation in connection with his responsibility in committing an unsafe act and violating instructions, when the gang under his supervision set a track drill on the rail, without his arranging for proper protection from rail traffic, while installing -a guard rail on 10 lead near the West End Tower at Lamberts Point Yard at approximately 11 :20 a.m., November 10, 1995.

                [Carrier File: MW-ROAN-95-57-LM-230)


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:
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                      John Fletcher

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Richard A. Lau E. [K. J obs, Jr.

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Organization Member Carrier Member

              Issued at Norfolk, VA on October, 1996