"Your failure to comply with Dearborn Division Bulletin Order 5-573, paragraph Y, item 8, on October 19, 1997, when your train, BRSE-9, was not equipped with an operational two-way end of train (EOT) device, yet, was operated at speeds sin excess of 30 mph at several locations between Chicago, IL and Elkhart, IN and at approximately 2:28 p.m., CST, in the vicinity of Chicago Line MP 493, reached a peak speed of approximately 53 mph."

The Board, after hearing the whole record and all evidence finds that the parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended, that this Board is duly constituted by agreement and has jurisdiction of the parties, claim and subject matter which was held on May 18, 1999 in Jacksonville, Florida. The Board makes the following additional findings:

After a careful reading of the evidence presented, the Board agrees that the Claimant was guilty of excessive speed.

The Board takes not of one factor which it believes is a mitigation and must have an impact on the level of penalty.

On pages 13 14 of the investigation transcript there is an exchange concerning the amount of training provided to engineers regarding the devices in question.

Language -from the Agreement between the parties says in Article G-s-12 Engineer Manning:

"If a new type of locomotive power which has not previously been used on the lines of the Corporation is placed in service, engineers shall be instructed in the operation of the new type of locomotive power and used to operate it."

The Board believes that the Carrier failed to give adequate training in' the matter. To this extent, there is a shared responsibility involved.

For this reason, the Board believes that a 30 day suspension is excessive and therefore makes the following Award.

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