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 LaborAct, as amended, and this board is duly constituted by agreement under Public Law 89456 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.
After thoroughly reviewing and considering the transcript and the parties' presentations, the Board finds that the claim should be disposed of as follows:
Claimant received a fifteen-day suspension for improper performance of duties. The record revealed that Claimant operated a ballast regulator without insuring that the plow blade was in a locked position. This resulted in extensive damage to the machine. Accordingly, we find that Carrier proved Claimant's guilt by substantial evidence. Furthermore, we cannot say that the penalty imposed was arbitrary, capricious or excessive. Therefore, the claim is denied.