System Federation No. 1, Railway Employees'
 i Department, AFL-CIO (Firemen & Oilers
 Parties to Dispute:

Dispute: Claim of Emnloyes:



Findings:

 The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that:

 The Carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 1934.

 This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Claimant is a Coal and Ash Man with working hours of 3 p.m. to 11 p.m. His duties at the Carrier's Cos Cob, Conn., facility include operating coal conveyors to move coal, unloading coal cars, and emptying ash hoppers or ash pits.

 Claimant was suspended from service on December 8, 1977, and given notice of investigative hearing on the following charges:
 Form 1 Award No. 8204
 Page 2 Docket No. 8200
 2-CR-F 0-' 7 9
 "1. Failure to follora instructions of Supervisor to remain
 on assignment on December 3, 1977 and December 5, 1977.
 2. Leaving assignment without being properly relieved and
 without authority at 1:30 p.m, December 3., 1977 and
 10:25 p.m. December 5, 1977."
Following the investigative hearing, Claimant was dismissed from service.

 The Carrier argues that the claim should be dismissed since its form as submitted to the Board (claiming simply unjust dismissal) is substantially different from that in the Organization's submission (which seeks restoration of benefits and compensation for all time lost). While this discrepancy is properly noted, the Board will nevertheless resolve the claim on its merits, since the progression of the dispute on the property leaves little doubt as to the remedy sought by the Organization.

 The Organization argues, preliminary to its major defense, that the Claimant was improperly withheld from service effective December 8, 1977 until the date of his final dismissal from service.



Given the circumstances, to be discussed below, the Board finds that the Carrier did not err in determining that a "major" offense had been committed.

 The Organization also took issue with the conduct of the investigative hearing by the Hearing Officer. A review of the record does not substantiate this claim. The Organization was not denied the right to present witnesses, and any limitations on the line of questioning pursued by the Organization's representative did not interfere with a full and fair defense of the Claimant.

 On the record, the Board finds that the Claimant requested permission to leave early on December 3, and such permission was denied. He left a half-hour early airway. Although he claimed that he had been relieved, no probative evidence of such relief was produced.

 As to December 5, Claimant denies that he left early. The Carrier's -ecords and testimony show convincingly to the contrary. Further, the Claimant's supervisor testified that Claimant had requested permission to leave early and that this request had been denied.
 Form 1 Page 3

 Award No. 8204
 Docket No. 8200
 2-CR-FO-'79

 The Board finds no.flaw in the Carrier's conclusion that the Claimant had left his assigned work early in the face of proper supervisory orders to the contrary. These offenses are serious and go well beyond simple absence from work. The Board concludes, however, that the penalty of dismissal from service is excessive and finds a lesser penalty to be appropriate. The resulting extensive suspension from duty nevertheless stands as a serious disciplinary action on the Claimant's record.

 A W A R D

 Claim sustained to the extent that the dismissal is found to be excessive. Claimant shall be offered reinstatement with seniority and other benefits unimpaired, but with no pay for the time out of service.

NATIONPZ RAILROAD ADJUSTS BOARD

By Order of Second Division


Attest: Executive Secretary
 National Railroad Adjustment Board

Dated at Chicago, Illinois, this 12th day of December 1979.