BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES

and

CHICAGO & NORTH WESTERN TRANSPORTATION COMPANY





STATEMENT OF CLAIM: Claim of the System Committee of the
 Brotherhood that:

            1. The discipline in the form of disqualification from foreman and assistant foreman ranks and the five (5) day suspension assessed Foreman D. G. Weik was without just and sufficient cause and on the basis of an unproven charge (Organization File 3KB-4575D; Carrier File 8190-67).


2. Claimant D. G. Weik shall have his rights as a
 foreman and assistant foreman restored,
 compensated for all wage loss suffered and have
 the discipline removed from his record.
 FINDINGS:
 On March 12, 1990, the Claimant, Foreman D. G. Weik, was directing the operation of a Burro Crane on the St. Louis Subdivision in Virden, Illinois. While the crane was moving in a reverse direction, the boom came into contact with overhead wires.
 The Claimant was summoned to appear at an investigation for the following charge:

      Your responsibility in connection with electrical wires

      being struck by a crane that you were either operating

      or flagging for in the vicinity of M.P. 82.3 on the St.

      Louis Subdivision on March 12, 1990.

Contending that the Claimant testified at the hearing that he walked under the wires prior to the crane coming into contact with them, the Carrier assessed discipline of loss of his Foreman
                                    S$A 9Z4 - l~ivA~ l(~3


and Assistant Foreman rights and a five-day suspension.
 The Organization contends on the Claimant's behalf that prior to starting the job, the Claimant had checked the Carrier's list for overhead wires and found none listed for the area in which he and the crane operator were working.
 The parties being unable to resolve the issues, this matter =
 came before this Board.
 This Board has reviewed the evidence and testimony in this case, and we find that there is sufficient evidence in the record that the Claimant was guilty of being one of the individuals responsible for electrical wires being struck by a crane which he was directing in his position of foreman on March 12, 1990. The Claimant admitted that he was flagging for the crane and was responsible to make sure that it did not come into contact with any overhead wires. It was the Claimant's responsibility to make sure that all obstructions were noted and that the operators were notified so that they could look out for them. Since the crane hit the overhead wires, the Claimant must be found to be one of the individuals responsible for that accident.
 Once this Board has determined that there is sufficient evidence in the record to support the guilty finding, we next turn our attention to the type of discipline imposed. This Board will not set aside a carrier's imposition of discipline unless we find its actions to have been unreasonable, arbitrary, or capricious.
 The Claimant in the case at hand received a five-day actual
 suspension. Given the nature of the offense, and previous
 2
 S13A q2q - A WA40 I lo3

 discipline that has been assessed to other employees for the same offense, this Board cannot find that the Carrier acted unreasonably when it issued the five-day suspension to the Claimant. Therefore, the claim will be denied. AWARD:

 Claim denied.

 PETER R. MEYERS
 Neutral memk~ex(

 Carrier Member

 ited:~

 O anization Memb

                                                qgLl- 1(o3


                      PETER R. MEYERS


                        ARBITRATOR / MEDIATOR


180 NORTH LASALLE STREET

SUITE 2630

CHICAGO, ILLINOIS 60601


TELEPHONE (312) 201-1515

FAX (312) 201-8085


                              May 26, 1993


      Ms. J. M. Harvieux Mr. D. D. Bartholomay

      Assistant Vice President Labor Member

      Chicago and North Western Brotherhood of

      Transportation Company Maintenance of

      One North Western Center Way Employees

      Chicago, IL 60606 175 West Jackson Boulevard

      Room 925

                                Chicago, IL 60604-2701


Re: Special Board of Adjustment 924: Brotherhood of

Maintenance of Way Employees and Chicago and North Western

Transportation Company; Case Nos. 181 and 184


1 Dear Ms. Harvieux and Mr. Bartholomay:

      Please be advised that after hearing the arguments of the parties regarding an interpretation of the above two awards, I hereby state that I intended to find that the entire claims were denied, including denial of the claim for reinstatement of the one Claimant's machine operators' rights, and the other Claimant's assistant foremen's rights. I am sorry for any confusion that my award may have caused, but after a thorough review of my notes and records and after hearing the vigorous arguments of the organization's representative, I stand with my original finding that the claims in both cases a denied in their entirety.


                          Ve t ' ours,

                          i

                                  r


                              fit' e. Mey rs


      PRM:btj