BROTFERHOOD OF PI1.IVTENI.NCE OF 11i.Y EhPLOYES


                            0ID


                    ERIE L1.CIG.WLNNL RLIL'df.Y COI~X!.NY


ST-TH1ENT OF CLGIbf: -

        1. The Carrieris dis.a.ssal. of Section Forenan Eldred V. Lud-.rig. Dalton. effective February 23, 1966, was too severe and the penalty excessive,


      2. The Carrier shall now reduce the discipline assessed Clairrnt Section -

      Foreran Ludwig, from disrAssol to der.-Lotion with loss of tine, and shall

      restore him to active service in the Track Department.


          FINDIMS: ClaiL,nt, a track foreman with 36 years of service, was dismissed by Carrier for his part in an extrumly serious accident.


t.t the tine in Question, C1airxi:t was workinwith his crew on tracks just cast of Canaserage, blew York, when a freight train struck his _°en, killing one and seriously injuring another. Because of a curve and a high bank at that location, visibility along the tracks was liuitod to a few rail lengths. Clair_ant had been looking out for trains but at the critical tire was assisting his r_en to raise a frozen joint. We find no basis for disturbing Carrier's findings since there is credible supporting evidence that Claimant should have been watching for approaching trains but failed to do so and that his erAssions in that regard and in not obtaining lineups contributed to the accident.

 The extreme degree of discipline r:eted out to Clairart is a sot rce of considerable concern to this Board. Certainly, Clair.x.ntls service of 36 years for - Carrier, his prior good record end his eraplcyraent ago are factors that rust be accorded heavy weiF:ht. We strongly urge Carrier to review Clai_rontrs situaticn in - the light of the above factors and, if possible, reinstate him to its service, if only to a non-supervisory position.

 LW1.RD: Claim denied subject to the above reco=,endation.-

        Dated at New York, N. Y., this 29th day of Ociober 1968.


                    /s/Hnrald 27. 1,dcstcn

                      HLROLD Df. WESTON, NEUTRld.


Is A, J. Cunningheai /s/R. i Ca rrcll
 ORGi,NIZ'.TION M:BER C RRIER Mn:hER