PARTIES TO DISPUTE:
              Brotherhood of Locomotive Engineers and Norfolk Southern Railway Company Norfolk and Western Railway Company, et al.


STATEMENT OF CLAIM:
    Claim of Pocahontas Division Engineer D. B. Clendenin for the removal of 15 davs deferred suspension and pay for all time lost attending the iavestigation. He received 15 days deferred suspension in a letter from Assistant Trainmaster M. S. Hamilton dat=d 4/22/92, account his alleged responsibility in connection with failure to ensure tha_ switch was properly lined for the movement of his train in `___.. vicinity of MP-T-6.5, Gary, West Virginia, at approximately 0:15 a.m., March 22, 1992.


OPINION OF BOARD:
    On March 22, 1992, Claimant was working as Extra Engineer on

Train U19U, performing switching service in the vicinity of Gary,
 West Virginia on the Tug Fork Branch, when his crew experienced
 difficulty throwing a switch Lc make a reverse movement from a 7 -
 configuration. The net result was they found themselves as a
 hostage on a dead end track wit', the switch inoperable because it
 had been run through. The Car='_e_'s preliminary investigation ruled
 out the possibility of other _==_·.os or engine movements causing the
 problem so the Claimant's crew was notified to attend a formal
 investigation on a charge of failure to properly line a switch. The
 Claimant was assessed 15 days deferred suspension which was appealed
 by the Organization and is now =resented to this Board.

 This is one of those cases where the Claimant and his crew awkwardly provide the ircrimiaating evidence when the train runs through a switch and there is no way to extricate themselves from the other side because.they are on a dead end track and the switch
 w'll not function to eit'-e~ leg of the wye. It was necessary to have the Track Maintenance personnel repair the switch to release the crew from their serf-imposed restraint.

 Our appraisal of the Engineer's involvement in this episode does not call for the ty-De of disci=line assessed and we would modify it to a Letter of Reprimand.

 FINDINGS: The Agreement was vic_ated.
                                            SBA No. 1063 Case No. 13 Award No. 13 G'e -rwo


AWARD: Claim sustained per Opinion.

        ORDER: The Carrier will make the Award effective within thirty (30) days of the effective date.


        Dated at Norfolk, Virginia, this 4A

                                day of , 1993.


                            H. F. Eukar. Neutral Member


_ 5. R. Budzina,(Prrier Member

                            L. E. Watson, Organization Member


Carrier File: EE-BL-92-26 Ora. File: D-448-92-3