PARTIES Brotherhood of Maintenance- of Way Employees
 TO
 DISPUTE: and -
 New Jersey Transit Rail Operation, Inc.,
 STATEMENT The suspension of Casual Driver J. Reed was arbitrary,
 OF
 CLAIM: excessive and without just cause. His record should
 be cleared of the November 14, 1983 charge and he
 should be compensated for all wages, including over
 time, he lost as a result of then ~usp,~naiuii anu ali
 other rights-must be unimpaired.
 FINDINGS: Claimant was suspended for 30 days for violation of
 Safety Rule 3260. That Rule prescribes that power
 operated equipment may be operated only by qualified
 and authorized employees.
 ' A casual truck driver with about ten years service,
 claimant was called upon by Supervisor Strano on the morning in ques
 tion to operate crane RCB-4149. He had never operated a crane of that
 type before and, as Mr.. Strano was aware, did not possess the MW 200
 card that would show whether he was duly qualified. Assistant Super
 visor Kears, who Mr. Strano knew was not qualified on the crane, was
 assigned to be with claimant and direct the operation.
 · PLB No. 956
 - Award No. 11
While operating the crane, claimant heard the whistle of an approaching train and pulled the lever to straighten up the crane; it went the wrong way and struck the train. A serious accident could have occurred, but fortunat.:ly there were no injuries.
 Claimant was suspended on the ground that he should have declined to accept thO assignment on safety grounds.
 In these circumstances, no valid basis exists for depriving this employee, who has an unblemished record of ten years service, of earnings. At the most the record provides no basis for mor~ than a reprimand to claimant.

 AWARD: Suspension reduced to a reprimand. Claim sustained






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