PARTIES: Brotherhood of Maintenance-of Way Emoloyes TO D'CSPUTE: Chicago and Xbrth Western Transportation Company

        (1)' The fifteen (15) day suspension assessed Machine Operator L. L. Bbller for his alleged responsibility in connection with an accident-involvina Tstmper°17-2267 was without just and sufficient cause. (Organization File' 2D®4.181: Carrier.File 81=84-41-D).


        (2) Machine Operator L. L. Boiler shall be allowed the remedy prescribed 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 Hallway Labor Act as amended, and that the Board has jurisdiction over.-the dispute herein.

 Prior to the occurrence giving rise-to the dispute, herein, claimant was employed as a production gang tamper operator on the Carrier's Central Division. On October-18, 1983, claimant was-traveling his machine on-the Fort Dodge Sub-Division and was involved in an accident with a moving vehicle on a public-road crossing near Eagle Grove, Iowa. On October 18, 1983, claimant was notified to attend a formal investigation, scheduled for October 25, 1983, on the charge:

      "Your responsibility in connection with accident Involving Tamper, #17-2267, at crossing-, M. P. 354-5, on Frtt. Dodge. Sub, Eagle Grove, Ia. on October 18, 1983."


The investization was conducted as scheduled. A copy of the transcript has been made a part of*the record. Following the investigation, claimant was assessed discipline of fifteen days suspension, which activated a thirty-day deferred suspension.

 Rule 1043 of C'arrierts Rules of the Engineering Department arovides:-

      "Work equipment must give right of way to all highway traffic: When approaching a highway where view is ob= structed, the work equipment must be stopped and the operator must have absolute knowledge that the crossing is clear before proceeding. When necessary, a member-of. the crew must flag-the crossing."

                                              Award No. 40 Docket No. 41 Page 2.

          Rule 1044'of the Engineering Department Rules readss


      "Work. equipment must be operated at als.times at a safe speed as the way is seen or known to be clear, giving considdration to curvature, grade, risibility, condition of rail, loading and weather conditions."


There was substantial evidence adduced at the investigation that claimant did not operate-the tamper in accordance with the above ouoted rules. Claimant indicated in the investigation that the weather w»s clear and the visibility was good The discipline imposed was not arbitrary, capricious or in bad faith, especially when considered along with claimant's prior record:

                      A W A R D


          Claim denied.


                    Chairman, Neutral Member-

                                            ~ i_ ,


C' rier ember- Labor Member
 Dated: ~~ I-~''7, _ -