SPECIAL BC=RD OE ADJUSTMENT 1063
P:nTTES TO DISPUTE:

 S-ATEMENT 0: CLAIM:

 Broterhocd .,= Locomotive Engineers

 and

 Ncrfo-k Sc-==ern Ra_lwa-i Companv
C_a-m On 1,e_^3_= C~ _a.1,= .l--T_SiGn Engineer J. A. B2nn2tt _ = oa:i-,en! i~r all ___.._ _.^.·Ot ante rc^LOVaI Or incident from his ~_ccrd, _.. _z-nection with 10-dal de-erred s~spensicn assess-- ___ -=a-;ing an engine uncccupie~ and unsecured on Ma-, _- 20·00.

 Case No. 369
 Award No. 369

 On May 22, 21,00, ~la__..a__ was assigned as Engineer on assignment L3aL?22, w^___ ___ "efficiency team" stated they observed the engine cons__t _n Occupied and improperly secured on the East Leg O_ Wye in th =_ -,=oin_tl of Watkins Yard during the early morning hours o= May __=-. ^o11ow,_ng a trial on the c`a_gea summarized by the fa_=s s=ated above, Claimant was given to ; days def==-ed suspen=_=_-_. ___` Organization. appeals, cc_^_t°_nding t_^_°=° 'ryas 1_^_S'_=-=:_e^C evidence t0 'rya=rant holding a trial. 'llrt'her'lcre, t-:e =__a_ record does nothing t0 repair this deficiency.

 When questioned during -he trial, one member cf the "==ficiency crew" conceded =__a= all control mechanisms oz the 1ccomcLive were turned of orcner for an uneccuoied steadfast in their views with they asSe'_'ted ,.,ras jus= a5 adaman been applied.

 So '=he ?oar- is
1,.O:! t3___._ _·Ome slack. Claimant's te5 t-m
 z__e -:=e-.J t_:3t the enalne hand brake ha

 Ony

 question of c=Tir_cizg prow t:te loccr.o=iv= uni= was '_=_ft

 iC:^~Cn=3ut orincipl2s .-.._ .Jar,
 ' SBA 1063
 Case No. 369
 Award No. 30'9
 Page Two

 the charge must be estab'_ised '-c-y substantial evidence, not evidence that consists solely G= conflicting statements.

 The issue concerning Lhe engine being unoccupied apparently did not merit much d:SCUSS=Gn a==er 1t was noted the crew `alas observing their twenty Iii1=1llL?5 (---inch)

FINDINGS:
The Agreement was violated-

 n W? -RD
Claim Sustained.

 ORDER:

 The Carrier s::all place t__e __;,~_, unto a =ecL within thirty (30) days of the effective da-_e.

 Dated at Norfolk, Vir7_nia, ____- ~ 'day of , 2001.



                              Sorrow, Organization Member


Carrier File: LE-COL-O_-_~
 organ izat_Gn F_-ye: 5-79-00--