Parties to Dispute:





Statement of Claim:



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.

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

 Carrier proved by substantial evidence that Claimant failed to notify the Chief Dispatcher that the track on which the equipment was tied up was taken out of service and that Claimant threw empty hydraulic fluid pails over the bank in as protected wetland area. Furthermore, Claimant's violations were aggravated. Claimant's sole reason for not notifying the Chief Dispatcher was that he got tired of receiving busy signals. Claimant threw the pails over the bank knowing that he was acting in violation of Carrier's Environmental Protection Policy and Claimant allowed the pails to remain where he threw them for a week. Under the circumstances, we cannot say that Carrier acted arbitrarily, capriciously or excessively in disqualifying Claimant as a foreman.

                                            'P0.g' a


Claim denied.

                                            Awd Nil


                    M. H. Malin

                    Chairman and Neutral Member


D. artholomay D. L. Kerb
 Organ tion Member Carrier Member

                Issued at Chicago, Illinois on January 28, 2002