STATF,MF,NT OF CLAIM:

 1. The Carrier improperly assessed discipline of thirty (30) days actual suspension to Acting Section Foreman T. J. Kamppi, account of his eL'Lleged responsibility in connection with Electromatic Tamper liacr:Lne being struck by freight train No. 38 on October 6, 1966.

 2. Acting Seotion Foreman T. J. Kamppi be now reimbursed for his loss of all working day,:,, plus two (2) holidays lost by him because of :his thirty (30) day suspension, referred to above; and that his record be cleared of ail charges.

 c FINDT2dGS:

 Claimant, an acting track foreman was in charge of a tamper when it was struck and aubs'antially damaged by Train ib. 38. After a hearing had been held. -n t:-.·~ matter] Claimant was suspended for thirty days for his responsibility for the accident.

 The record establishes that Claimant duly requested the proper Tower operator for a line-up but was not given one. It further shows that he correctly posted and instructed his flagman and that he made arrangements for ta.71 flag protection during the time that his machine waa on the track. The record also indicates that the engineer of Train No. 38 violated the restricted speed rules at the time in question.

 We find no substan'ial evidence that Claimant committed the operating rules infractions charged by Crier or that any negligence on his part caused the accident. The claim accordingly will be sustained.

 ATdARD:





                HAROLD M. WESTON, NEUTRAL

/s/ A. J. Cunningham /s/ R. A. Carroll
 ORGANIZATION MEMBER. CARRIER MEMBER