(1) The sixty (60) day suspension assessed Mechanic D. A. Miller for allegedly failing to wear a hard hat on

          October 20, 1983 and. for allegedly failing to wear a -

          hard hat and safety glasses on October 24, 1983 was

          without just and sufficient cause and in violation of

. the Agreement. (Organization File 2D=4209: Carrier
          File 81-84-68-D).


          (2) Mechanic D. A. Miller·shall be allowed the remedy pre-

          scribed in Rule 19(d.)."'


    FINDINGS:


    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 Rail- - way Labor Act as amended, and that the Board has jurisdiction over-the dispute herein.


    At the time of the occurrence giving rise to the disDute herein, claimant was employed as a mechanic in the Carrierts. Engineering Department in Des Moines, Iowa. By notice dated October 24, 1983, claimant was instructed to apDear--fbr formal investigation, originally scheduled for 10:00 A.M., October 2'7, 1983, on.the charge: '


          "Your responsibility in connection with ,pour failure

          to wear hard hat while working on tie machinery a t Bell

          Avenue Yard on Thursday, October 20, 1983 at approximately

          3:00 P.M., and failure to wear hard hat and safety glasses

          on Mondar, October 24, 1983 at approximately 1:p Pal.

          a t Bell Avenue Yard, working on tie machinery.' ·-


    The investigation was postponed and conducted on November 15, 1983. Some procedural points were raised by the claimant and his representative at the beginning of the investigation on November 15, 1983. However, claimant admitted th?t he had had sufficient time in which to prepare a defense, and and that he wished to go ahead with the investigation. or hearing, at the time=. We consider, therefore, that anv objection concerning the timeliness of the Investigation was waived, and that the investigation was c^nducted'in a fair and impartial manner:

                                            sd.~- ~'sY Award No. 39 Docket NO-36 Page 2.


There was substantial evidence presented in the Investigation in support of the charge against claimant. Also,clsimant's prior discipline record was far from satisfactory, having been disciplined on several occasions, including a prior thirty-day suspension f6r failing to wear a hard hat and safety glasses. Considering mlaimant's actions in the present case, together with his prior record; the discipline imposed in the present case was not arbitrary, capricious or in bad faith. The claim will be denied.

                        A W A H D' -


        Claim denied.


                    Chairman, Neutral Member-~


                n


    ier Members Labor Member,-


Dated: .~'°~ - . i '%~=r _.
                      s