CONSOLIDATED RAIL CORPORATION


STATEMENT OF CLAIM:

    Appeal of discipline assessed D. Flowers in the form of disqualification as operator of hi-rail vehicle and as I&R Foreman requiring operation of vehicle on-tracks, in connection with being charged with violation of Safety Rule 3215 and violation of Rule 811 of NORAC Rules, when he operated a company hi-rail vehicle which was involved in a collision with a highway vehicle while he travelled over a grade grossing.


    Upon the whole record and all the evidence, after hearing, the Board finds that the parties herein are carrier and employee within the meaning of the Railway Labor Act, as amended, and this Board is duly constituted by agreement under Public Law 89-456 and has jurisdiction of the parties and subject matter.


AWARD: Claim disposed of as follows:

      Denied


                C. A. 'Peacock, Neutral Member


F. J.,~ski, C r Member JeIodd, Organization Member

 Issued this 16 day of GPIl , 1993.