"Carrier violated the current working Agreement, especially Rule 12, when on April 25, 1986, former Track Foreman J. M. Dale, SSN: 512-44-9804, was dismissed from the service.

Mr. Dale shall now be allowed eight hours' pay per day, including overtime and holidays falling therein because of his dismissal as a result of the investigation held at Coffeyville, Kansas, on April 21, 1986, until reinstated to service with seniority, vacation and all other rights unimpaired."

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.

The record discloses that Claimant was afforded a fair and impartial hearing. As to the substantive issues presented, the Board is constrained to find that the failure of subordinate employes to perform their duties in conformity with the rules, on the facts of

this case, is not solely or properly attributable misfeasance on Claimant's part. Therefore, in light

to of

all circumstances obtaining, the 30-days disciplinary suspension assessed Track Foreman J. M. Dale on April 25, 1986 should be expunged from his record and he should be allowed pay for lost wages.

Order: Carrier is directed to make this Award effective within thirty (30) days of date of issuance shown below.

Arthur T. Van Wart, Chairman

and Neutral Member