The Board, after hearing upon the whole record and all evidence, finds that the parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended, that this Board is duly constituted by Agreement dated January 5, 1959, that it has jurisdiction of the parties and the subject matter, and that the parties were given due notice, of the hearing held.
Claimant was afforded a -fair and impartial hearing. As to the substantive merits of the claim, the Board observes that testimony adduced at the hearing on the issue of whether or not Claimant operated the machinery entrusted to him at an excessive rate of speed - thereby proximately causing a derailment of the equipment - is highly controverted and only marginally established. Nonetheless, the Board, after careful review of the record, is persuaded that Carrier's finding on the culpability issue is grounded upon substantial evidence. Finally, the Board turns to the last appellate issue - whether or not the discipline assessed is commensurate with the degree of culpability and the gravity of the offense when balanced against the Claimant's prior record and length of service. on this issue the Board notes that Claimant established an unblemished record up to the time of this incident which strongly mitigates in his favor. In view of all of the foregoing, the Board finds that the appropriate disciplinary sanction for the infraction involved is a forty-five (45) days suspension.