PARTIES: Brotherhood of Maintenance of Way Employes
 TO : -
 DISPUTE: Chicago and North Western-Trarsportation Company

                  STATEMENT OF ,,,AIM; "Claim of the System Committee of the BrothFrhood that:


        (1) The thlxty (30) day deferred suspension and diseuallfication of Machine Operator R. Garza for allegedly neglecting the maintenance of a tamper was hithout just and sufficient cause and on the basis of an unproven charge. (Organization File 3D-4040; Carrier File al-8q.-?5-D);


        (2) R. Garza shall be allowed the remedy prescribed in Rule 19(d)."


FINDINGS:

 This Board, upon the hole record and all the evidence, finds and holds thRt the eTDloyes and the Carrier involved, ere respectively employee and Cerrier within the meaning of the Railway Labor Act as amended-, and thgt the Board ha-s jurisdiction over the dispute herein.

 Claimssnt, with approximately thirteen years of service for the Carrier any Machine Operator seniority datins from May 13, 1979, was employed as tamper operator in a rail gang in the Sterling, Illinois area when the incident givinc rise to the dispute herein occurred.

 On August 24, 19?3, clsimant was assigned to operate Tamper No. 17-2199. After epnratinF the tower about six hours it overheated. The rpdiator wp s checked and found to be low on water, which was replaced. The tamper ran about forty-five minutes before overheating again. Upon further examination, watt was found in the oil.

 On August 26, 1983, claimant was directed to attend an investigation scheduled for September 1, 1983, on the charge:.

      "Your responsibility in neglecting the maintenance of Tamper No. 17-2199 which resulted in damage to the tamper on August: ?4, 1983 at Nelson, Illinois."


The investigation was postponed and conducted on September a, 1983· At the beginning of the investigation, clsimpnt's representative objected that the charge indicated preiudgment. We se- no proper basis for such objection. In this connection, see our Award No. 50, Dockat No. 5R.
      S~ 92 Y

      Award No. 51

      SBA-924 Docket No. 59


                                              Page 2.


Following the investigation, cl.-imant 3,as Assessed discipline of thirty days deferred suspension end disoualification as a machine operator.

 In the apveal on the property and in submission to this Boprd other procedural contentions have been raised by the Organizations (1) that the hearing officer did not render the decision, and (2) that the deciding officer was the first appeals officer. In our Award No. 49, Docket No. 57, -e passed upon similar contentions anrl cited other prior awards of this Board. We will reject the contentions herein.

 There wps substantial evidence in the investication that claimant was negligent in the maintenance of the tamper, such as keeping a check on fluid levels in the machine. Discipline was warrant-d. We will not disturb the thirty days de'erred suspension. However, considering claimant's aeparently satisfactory service record over the years, gyre consider diseualification as a machine operator Ps excessive. We will avard thpt claimrnt be restored to his former seniority as a machine operator, with the right to exercise that seniority by biadina_ on vacancies. We * ill deny any claim for co^pensation on behalf of claimant.

                      A W A Pi D


        Claim sustained to the extent indicated in Findings.


                        ORDER


The Carrier is directed to comply with this AFrard within thirty eavs from the date reof.

                  Chairman, Neutral Member


Carr er emb_r Labor Member

 DATED _fm~~FX64-