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 G. W. McReynolds for removal of fifteen days deferred suspension and pay for all lost time assessed for damage to unit and coal tipple, Wilder, Virginia on January 29, 1997.


OPINION OF BOARD:
Claimant was charged and disciplined fifteen (15) days deferred for damage to locomotive and Dock Tipple, while working on Assignment Train U39, on January 29, 1997, in the vicinity o£ Wilder, Virginia, on the Dumps Greek branch. The accident occurred when the engine became engaged with the angle bars of the Loading chute protruding down from the load out-at the Tipple.

 At the trial, Claimant's defense was premised solely on his reliance upon the Conductor to guide him to the chute, because of limited visibility. Carrier asserts, Claimant could have changed controls and operated from the Unit next to the cars being placed at the Tipple and/or the movement could have been changed from radio communication to hand signals, bringing the Conductor closer to the Tipple and to the Claimant.

 We believe Claimant shared some of the responsibility for moving under the Tipple, in violation of Time Table No. i, although his fault was not his alone, therefore, we will reduce the discipline from fifteen (15) days deferred to a reprimand.

 FINDINGS:
      The Agreement was violated.

                                          SBA 1063

                                          Case No. 221

                                          Award No. 221

                                          Page Two


AWARD:
      Claim sustained but no Order is necessary.


Dated at Norfolk, Virginia, this 3~ day of ~2~e<x ~ P. G ~ ,
 1997. ~~

                        r ~

                      W' -Ftuker , Neut al Member


                      K. . 'Brim, C rrier Member


                      P. T. Sorrow, Organization Member


Carrier File: EE-NO-97-1
 Org. File: D-37-97-1