ST1.M,ENT OF CLAIM:
1. The Carrier violated the Lggreenent by failing to hold a fair and in, partial hearing for Extra Gang Forerrn, 7.nthony Policastro, before issuing to hir_ - discipline of five days actual suspension, effective February 7, 1966.

 2. The Carrier improperly held Extra Gang Foronan Policastro responsible for a train hitting a Rail Drill machine on October 5, 1965.

 3. Claivznt Extra Gang Fcreran Lnthony Policastro be now reimbursed for - the five days loss of pay account of his being suspended from service, in violation-of the Lgrconont.

 FINDINGS: Claimant, an extra gang fercu,n, received a five day suspension on the
 ground that his ceselossness helped cause am accident in which a rail
 drill machine was struck and demolished by a passing train.

        Garrier's findings of fact are supported by credible evidence and the

record does not provide a basis for disturbing the discipline. Cla u:=t was well
 represented Lt the hearing, that was hold in this ratter and afforded fair oppor
 tunity to present evidence and develop his case. The notice of hcaring was tir:ely -
 and, as a natter of substance, adequate under the specific facts of this case since
 Claizant was clearly award of the nature of the hearing and Petitioner objected
 to the holding of "a second hearing" and did not seek an extension of tine to meet-
 the issues. Claimant conceded that on the day in question he was in charge of the -
 r.achine that was donolishcd but neglected to secure personally a train line-up or
 provide flag protection; his failure to do so constitutes negligence under the
 facts of the present case. `-

 We are not in a valid position to reverse Carrier's decision in this case involving the safety of personnel end property.

        The clair_ will be denied.


l,?dARD: Claim: denied.

        Dated at New York, N.Y. thins 29th day of October 1968.


                    /s/HL-,reld M. Wcston

                      H1.ROLD M. WESTON, Neutr:-].


/s/_ J. Gunninghar_ /s/R. !_. Crrroll
    ORG.LNIZlsTION NaBER C.LRRIER M':BFUR