NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
STATEMENT OF CLAIM: The Order of Railway Conductors, Pullman System, claims for and in behalf of Conductor J. L. Harrington, Salt Lake City District, that:
OPINION OF BOARD: Conductor Harrington had been in the employ of the Carrier since May 1943. On December 25, 1951, he was scheduled to report for overnight road service at 7:15 P. M. between Salt Lake City and Butte, Montana. The train was scheduled to depart at 8:00 P, M., but Conductor Harrington did not report for duty until after the train had left with another Conductor in charge.
Conductor Harrington's reason for not reporting on time is that he had a habit of taking a "nap" previous to making a night run; that on the day in question he was staying at a Motel; that he requested the clerk in charge to call him at 5:15 P. M., but that the clerk failed to call him; that he awoke at 7:40 P. M., and immediately left for the depot, but arrived there some four or six minutes after the train departed; that he then went to the office of the Superintendent and explained to the Relief Night Agent what had happened.
For failure to report the Carrier assessed Conductor Harrington's service record with a "Warning" under date of February 9, 1952. The Employes urge that the Carrier acted arbitrarily and in abuse of its discretion when it assessed Conductor Harrington's record with a "Warning", and now seek to have it expunged from his service record.
The Carrier maintains that disciplinary action was fully justified by the admitted facts in this record. As a general principle when there is substantial evidence to sustain charges, the findings based thereon will not be disturbed unless the Carrier acted arbitrarily or in bad faith. In the case at bar Claimant admits the truth of the charges and we are unable to see how we could justify an interference with the Carrier's discretion as exercised in this case.