1. That the Springfield Terminal Railway Company

(hereinafter referred to as the Carrier)

violated the rights of Mr. Donald Wandler

(hereinafter referred to as Claimant), when it

unjustly suspended Claimant from active

service and assessed a five (S) day actual

suspension as a result of investigation held

on January 21, 1993.

2. That accordingly, the Carrier be ordered to

compensate the Claimant for all loss of wages

during the time he was withheld from Service;

and the discipline be expunged from the

Claimant's personal record and that he be made

whole for any other benefits he would have

earned during his suspension."

As a result of an =nvestigation held on January 21, 1993, the Claimant was not=fied = February 1, 1993, that he was being assessed a five -a_, suspension for failing to follow his supervisor's instr,.:c-_:~,ns concerning a route assignment on December 30, 1992, which resumed in unnecessary expense to the Carrier. At the time, Claimant :ad five years of service as a Carman at Carrier's Lowell, Massachusetts, repair facility.

After a complete review of the record, the Board finds that there is substant,-a-' =,.·-dence to support the Carrier's charge that Claimant failed t.. =.,_~oa the designated route assignment given to him orally by his^suce==sor on the evening of December 29, 1992. At the Investigation, 'laimant admitted that it was likely that he was mistaken with resoe~:t to the order in which he was told to make his pick ups and del::,er:es, and he understood that his supervisor intended him to foi:~.s -.ne order in which the assignment was given. There is no evidence -J support a contention that Claimant was not given a fair and _-rpartial hearing. Based upon Claimant's extensive disciplinary record amounting to a total of 78 days suspension over the prior 2 1 year period, this Board does not believe the penalty --o be excessive and can find no reason to substitute its ;udgmei:7. for that of the Carrier.

AWARD