SPECIAL BOA ED OF ADJUSTMENT NO. a24

Award No. 25 Docket. No. 29 PARTIES: Brotherhood of Maintenance of Way Employes TO DISPUTE: Chicago and North Western TransDortotion Comnany.

STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood than

(1) The twenty five (25) day susnension (activating a deferred five (5) day suspension) assessed Machine Operator D. A. Bockman nr.·>s without just and sufficient cause, arbitrary and excessive. (Organization File 4·D-3722: Carrier File 81-83-130-D)

(2) Machine Operator D. A. Bockman shall have his record cleared of this incident and be compensated for all wage loss suffered."

FINDINGS

This Board, upon they whole record and all the evidence, finds and holds that the employes arid the Carrier involved, are respectively employes and Carrier within the meaning of the Railway Labor Act, as amended, and that the Board has jurisdiction over the dispute herein.

On April 7, 1983, olaimant ?ass assissned as a Crane Operator at Boone, Iowa. About 1:25 P.M., while operating a Burro 40 crane, and making a reverse movement, the boom of the crone struck a telephone wire and knocked it down. On April 11, 1983, claimant was notified to appear for a formal investicaticn scheduled for 2:00 P.M., April 15, 1983, on the charge:

"Your responsibility in connection with incident when boom of crane, System No. 17-2361, you were operating caught telephone wire and knocked down smme at Boone Yard at approximately 1:25 p.m. 0n Aoril 7, 19P3."

The record shows that the investi%ation was postponed at the reauest of the claimant and was conducted commencing at 2:06 P.M., April 26, 1981. A copy of the transcript of the investiaatton has been made a part of the record. There is no proper basis for the objection raised in the investization of the timeliness of the notice of postponement. We find that none of claimant's substantive urocedurai rights was violated in the manner in which the investization was conducted or in the course of appeal. '

Rule 1106 of Carrier's Rules of the Engineering Department reads:
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Award No. 25 Docket No. 29 Page 2.

"In handling cpeenes or rile drivers, or doing work likely to interfere with overhead wires or other obstructions, every precaution must be taken to prevent damage."

Claimant was gperating the crane in reverse movement. During the hearing he stated that he could have turned the crane around and oDeratedit in a forward vosition; that if the crane had been operated in a forward aosition, the boom would probably have b=en in lower position. He also stated that he did not do everything that he could to avoid hitting the telephone wire.

Follorins the investization, claimant teas assessed discipline of twenty-five days actual suspension for the offense here involved, which activated a Dreviousiy assessed 5-day deferred susmension.

We find no proper basis for the Boprd to interfere with the discipline imposed.

A W A R D

Claim denied.

L.L

Chairman, Neutral Nember

//Carri?r Nember Labor Member

Dated:- . l 7~ ~~