The Second Division consisted of the regular members and in addition Referee Rodney E. Dennis when award was rendered.

111. That the Kansas City Southern Railway Company violated the agreement, particularly Rule 29, when Carman A.G. Henderson was suspended from service for a period of 60 days.

2. That accordingly, the Kansas City Southern Railway Company be ordered to make Carman A.G. Henderson whole for all lost time, including the day of the investigation, and all other negotiated benefits and overtime he would have been entitled to."

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

The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee 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.

Parties to said dispute waived right of appearance of hearing thereon.

Claimant was employed by Carrier as a Carman at its facility in Shreveport, Louisiana. On April 30, 1991, while working on :he Shreveport Rip Track, Claimant sustained an injury (sprained ankle) when stopping a trackmobile. Claimant was hospitalized for a short period and lost three days of work. On May 6, 1991, he was advised by Carrier to be present for a formal Investigation into the matter. That letter is quoted below:

"Please arrange to be present in the office of Superintendent of Cars, Kansas City Southern Railway Co., 4601 Blanchard Road, Shreveport, LA 71107, at 9:00 a.m., May 16, 1991, for a formal investigation to ascertain the facts and determine your responsibility, if any, in connection with an injury allegedly sustained by you on April 30, 1991, at the Shreveport Rip Track and in connection with your injury proneness, as indicated by the personal injuries allegedly sustained by you during your employment with this Company, reports of which will be reviewed at this investigation.

The Carrier will have as witnesses E.R. Swain, Special Representative Car Dept., A.J. Jackson, Carman C.A. Turner, Car Foreman, and C.H. Greig, Superintendent of Safety."

11Reference to formal investigation held May 30, 1991, in the Office of Superintendent of Cars, Kansas City Southern Railway Co., 4601 Blanchard Road, Shreveport, LA, to ascertain the facts and determine your responsibility, if any, in connection with an injury allegedly sustained by you on April 30, 1991, at the Shreveport Rip Track and in connection with your injury proneness, as indicated by the personal injuries allegedly sustained by you during your employment with this Company.

After a complete review of the transcript of the investigation, it is my determination that you are responsible for the injury you allegedly sustained on April 30, 1991. This is to advise that you are being suspended from the service of The Kansas City Southern Railway Company for a period of sixty (60) days."

In issuing a sixty-day suspension, however, Carrier put considerable "overkill" in the penalty assessment process. As this Board has pointed out many times in the past, discipline of employes should be instructive and, under most conditions, progressive rather than punitive. It is this Board's opinion that a sixty-day Suspension is arbitrary and capricious and exceedingly punitive. Carrier can make its point in this case by assessing a five-day Suspension with a letter to Claimant addressing his responsibility to work safely in the future. The sixty-day suspension shall be reduced to a five-day suspension. Claimant shall be reimbursed for fifty-five days pay at the appropriate straight time rate.

AWARD