Doc'cet No. 2L PA OTIRISt Brotherhood of Mrintennncp of ETFjy Employes TO ITSi'U^: Chicago sad North Western Trans·:ortstion Company

        (~-) The fifteen (1.5) d-ry suspension assessed Machine Operator 3. H. Searberry for allegedly failing to near thA trope=· safety equipment vas vithaut lust and su°fiolent cquse; arbitrary and excessive. tOrzanizat;en t'=le :TJ-3E°2: Carrier's File 81-83-11'-D).


        (2) Fiachine Operator 3. 3. Scsrberry shall be coW:)enseted for all roxe.loss suffered and hsve his record cleared of the charge.


FIN DIZIG S
This Board, upon the whole record and all the evidence, finds .3na holds thrt the employes and tale Carrier Involved, are respectively emaloyee and Carrter within the meaning of the Railway Labor Act. as amended, and thvt the Board hps jurlsdletlan over the dispute herein.

 On Nsarch 2, 1983. clsimant was observed 7perstinx his boom truck ah!le wearing a "bump hat" end without safety glasses. On Mereh 7, 1983, claimant was instructed to appear for formal Investigation on March 9. 1983, on th- charge:

        "Your responsibility in connection :with failure to wear Drover safety e?uipsent on March 2. 1983·°


By a=reement the investigation was held on Mar^h ?, 198.'·, rqther than March 9. A copy of the tran~-,crirt c.° the inv-stizstion has teen made a part or the record. In the investipation substantial evidence ups presented in sucport of the charge thft olaimsnt was not wearing proper safety equipment on the date involved in violation of Carrier's Safety Rules 33 and 73, which rules were read into the inv-sti?ation.

 The fifteen day suspension issued against claimant was not arbitrary, cn pricious or unreasonable. We do not consider that because-the fTrteen day suspension in this case activated a previously assessed thirty day deferred suspension is of concern to the Board.

                    A W A H D


      Claim denied.

                            Award :do. 18

                            Docket No. 22

                            Page


Clnc.=an, r4u3*"'1 r'~7~``~·.~

IA-


    r* rier .-ember ) L.ahor MPmher


Dated: 5~ A

          i