BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES

and

CHICAGO & NORTH WESTERN TRANSPORTATION COMPANY





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

2. Claimant R. L. Kimbrel shall have his common
 machine operator's rights restored, he shall be
 compensated for all wage loss suffered and his
 record cleared of the discipline.
 FINDINGS:
 On March 12, 1990, the Claimant, R. L. Kimbrel, was operating 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:



As a result of the hearing, the Carrier assessed discipline of loss of his machine operator's rights and a ten-day suspension.
 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 to support the finding that the Claimant was guilty of being responsible in part for the crane that he was operating coming into contact with overhead wires. The Claimant admits that he did strike the overhead wires and that he was not in compliance with the applicable engineering rules.
 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 action to have been unreasonable, arbitrary, or capricious.
 In the case at hand, the Claimant had already received a five-day suspension for a similar offense, striking overhead wires. Under the Carrier's discipline system, the next step is a ten-day suspension.
 Given the nature of the offense that occurred here, as well as the previous disciplinary background of the Claimant, this Board cannot find that the Carrier acted unreasonably when it issued him the ten-day suspension. Therefore, the claim will be denied.

 2
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AWARD: _

      Claim denied'.


PETER YERS
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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

                            v r

                            te. Mey rs


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