STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-6395) that:
OPINION OF BOARD: The Petitioner alleges that the Carrier violated the Agreement when it suspended Claimant D. K. Lawson from the service for a period beginning April 15, 196,6, and ending April 29, 1966, for alleged dereliction in preparing LDX header sheet at 8:25 P.M., April 14, 1966, for out-bound train 20-D. The claim is that he be compensated for time lost beginning April 15, 1966, to April 29, 1966.
The Board has considered the entire record in the case and finds that Claimant's substantive rights under the Agreement were not violated. It is clear that Claimant did err in the preparation of the header sheet involved. There is no evidence, however, that the error caused any delay to operations or put the Carrier to additional expense.
Based on the entire record, it is our considered conclusion that while some discipline was warranted, any discipline in excess of a suspension for five work days was excessive. We, therefore, hold that Claimant should be compensated for all time lost in excess of five work days.
FINDINGS: The Third Division of the Adjustment Board, after giving the parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are respec tively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934; That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and