File No. 247-7386


Parties Brotherhood of Maintenance of Way Employees
 to and
 Dispute Union Pacific Railroad Company
 (Former Missouri Pacific Railroad Company)

 Statement
 of Claim: (1) Carrier violated the current working Agreement,
 especially Rule 12, when Track Foreman T. W. Hammond and
 Machine Operators S. L. Pool and W. T. Quarton were each
 assessed a thirty-day suspension from service, running from
 February 27th thru March 28, 1986.

        (2) Claimants T. W. Hammond, S. L. Pool and W. T. Quarton should now be allowed compensation for all time lost including any holidays and overtime that occurred during their suspension.


Findings: The Board has jurisdiction by reason of the parties
 Agreement establishing this Board.
 Claimants, on February 26, 1986, were working as
 members of Track Gang 5147, Tamping Gangs 8109 and 8149,
 respectively, in the vicinity of Crane, Missouri. They
 concluded their days work, at approximately 3:50 PM, and
 proceeded to tie-up their on-track equipment, i.e., a
 Ballast Regulator (ODC-61) and a Tamper (ATS-53). The Track
 Foreman opened the Mill Track switch, which leads off the
 siding track at Crane, to permit the two roadway machines to
 enter and tie-up. Foreman Hammond, subsequently, made a
 telephone call and upon its conclusion he advised his men to
 go home.
 Some 55 minutes later, at 4:55 PM, Carrier's train,
 NLKC-26, made a meet with southbound UMS at Crane. Train
 UMS arrived at Crane prior to Train NLKC-26 and the Head
 Brakeman lined the track for NLKC-26. He advised the crew.
 Train NLKC-26 proceeded to exit the main line through the
 opened passing track switch. Suddenly the head end crew
 members discovered that the Mill Track switch had been left
 opened and lined for movement into the Mill Track, where the
 road machinery was tfed"up. The Engineer of Train NLKC-26
 threw his train into emergency. However, it was too late
 because the train collided with the Ballast Regulator and
 the Tamper causing severe damage.
 The Engineer and Head Brakeman inspected the. Mill Track
 switch. They found it undamaged with the switch lock open,
                          -2- Award No. 310


        unchained to the head block, and lying between the switch ties near the switch. The switch was not spiked. Nor could the spike tag be found. After inspecting their train, the crew thereof backed the train up, lined and locked the switch on the Mill Track and proceeded through the siding to their destination, Kansas City.


        Notices of a formal investigation, citing the essence of the above, were issued. The investigation was held on March 19, 1986 and was recessed in order to permit the presence of the Engineer and Head Brakeman of Train NLKC. The investigation reconvened on April 8, 1986. Carrier concluded therefrom that the Claimants were culpable, that they had violated Rule 104 and assessed the discipline here appealed.


        There was no error so egregious as to be cause for reversal of the discipline imposed. The right and the recognition thereof to hold Claimants out of service pending such investigation, is recognized by Rule 12 Section 1(a). While arguably it might had been more prudent to have held a joint investigation, the fact remains that the investigation that was held was consistent with Agreement Rule 12. It is noted that the cause for the delays in holding the investigation are not attributable to the Carrier. Claimants were accorded the due process to which entitled under Rule 12.


        There was sufficient evidence adduced to support Carrier's conclusion as to the culpability of Track Foreman T. W. Hammond. However, there was insufficient information adduced to support Carrier's conclusion as to the culpability of Machine Operators Pool and Quarton.


        The discipline imposed when viewed in light of the seriousness of the offense and in light of the Carrier's review of the Claimant's service record, was deemed to be reasonable for the Track Foreman. However, the discipline must be reversed for the two Machine Operators.


Award: Claim of Foreman T. W. Hammond denied.
 Claims of Machine Operators S. L. Pool and W. T. Quarton
 are sustained.

 Order: Carrier is directed to make this Award effective within
 thirty (30) da of date of issuance shown below.
 T G
 er
                  YJ; m

    mmons,

    -R Jr., Emp oy, em er .Shannon, Carrier Mem er


                                          ',


                      Arthur . Van Wart, Chairman and Neutral Member


Issued June 13, 1989.