PARTIES: Brotherhood of Maintenance of Way Emnloyes TO DISPUTE: Chicago and North Western Transportation Company


                  STATEMENT OF CLAIM.: Claim of the System Committee of the Brother,hood that:


        (1) The dismissal of Track Supervisor D. D. Bethards for his involvement in a hy-rail vehicle accident was without just and sufficient cause, arbitrary and excessive. (Organization File 2D-3710; Carrier File 81-83-113-D).


        (2) Track Supervisor D. D. Bethards shall be reinstated with seniority and all other rizhts unimpaired and compensated for all wage loss Buff-red.


FINDING°:

 This Board, upon the whole record and all the evidence, finds and holds that the employes and the Carrier involved, are respectively employes and Carrier within the meaning of the Railway Labor Act, as amended, and that the Board has jurisddtion ov=r the dispute herein.

 Prior to the date of the occurrence giving rise to the dispute herein, claimant was regularly assigned as Track Supervisor, Trenton Sub-Division. On April 7, 1983, he set his hy-rail truck, No. 21-3459, on the track at Mill Grove and started to patrol north.

 The contention is made that while going around a curve, a box containing Company mail and other items, fell from the front seat of the hy-rail truck, and while claimant was picking up the material, his vehicle struck the by-rail truck belonging to the Allerton, Iowa sectton crew that was performing work in the area. On April 7, 19?3, claimant was notified' to attend an investigation on Arril 15, 1983, on the charge:

      "Your responsibility in connection with vehicle accident involving truck #21-2586 and. truck #21-3459 on Anril 7, 1983 at approximately MP 5.2 on the Trenton Sub-Division."


The investi,~ation wns conducted as scheduled end on April 20, 1983, claimant was notified of his dismissal from service. A copy of the transcript of the investigation has been made a part of the record.

 Rule 1080 of Carrier's Rules of the Engineering Department, reads in pertinent part:
                                              3a 14- 9_'I y

                                              Award No. 13

                                                Docket No. 13 page 2.


        "1080. Hy-Hail vehicles must be op-rated at all times at a safe speed as the way is seen or known to be clear giving consideration to curvature, grade, visibility, qondition of rail, loading and weather conditions. Unless otherwise authorized hy-rail vehicles must not ex-

        ceed 35 MPH, except must not exceed "


Also, in the investigation, reference vas made to Rule 1062, which reads:

        "1062. Employes in charge of hy-rnil vehicles will be responsible for their safe operation."


Claimant being responsible for the se:fe operation of the hy-rail equipment, he would likewise be responsiblef or placing anything on the vehicle, such as the Company mail, thm-mt may in any way interfere with the safe operation.

 On our review of the trar_smript of the investigation we find substantial evidence in supT)ort of the charge avait-e+ claimant. Were it not for claimant's prior discipline record, we may agree that permanent. dismissal was excessive. However, his prior discipline record was not good, and there is no proper basis for the Board to interfere with the discipline imrosed.

                      A W A H D


          Claim denied.


                      Chairman, Neutral Memb r


Carrier Memb r Labor M ber

 DATED: