' NATIONAL RAILROAD ADJUSTMENT HOARD
 Award Number 2346
 THIRD DIVISION Docket Number CL-21574
 William G. Caples, Referee I
(Brotherhood of Railway, Airline and ( Steamship Clerks, Freight Handlers, ( Express and Station Employes PARTIES TO DISPUTE.



(1) Carrier violated the Rules of the Clerks' Agreement when it dismissed Mr. Joseph Johnson, Jr. from the service of the Company on April 28, 1975, and

 (2) Mr. Joseph Johnson, Jr. shall be paid 8 hours' pay at the rate of $40.69 beginning May 1, 1975, and each subsequent date, 5 days per week, until he is restored to service of Carrier with al? rdigb.ts unimpaired.

 OPINION OF BOARD: Claimant was hired by Carrier on April 5, l9^,70, and
 held the position of Cleaner in Carrier's General
 Offices Building at Baltimore, Maryland until April 28, 1975. After an
 investigation of a charge of failure to properly protect his assignment,
 absence without permission.and failure to properly notify Carrier of his
 whereabouts, the Carrier found the Claimant at fault and dismissed him
 from service.

 The Carrier had, prior to this investigation, disciplined Claimant for failure to protect his as on three (3) prior occasions. After such suspensions, Claimant's work record improved.

 The sole issue before the Board concerns the appropriateness of the penalty imposed by the Carrier.

 Discipline is meted out with the hope that it will change a behavior pattern of an employe in th assignments and as an example for training purposes of other employes. Although the Board recognizes that any unauthorized absence from work during working hours is a serious offense and can, in a proper case, justify dismissal, the Board does
It is the opinion of the Board that the discipline imposed by Carrier has served its purpose. The Board is of the opinion that the Claimant be returned to service
                    Docket Number CL-21574


unimpaired and that the disciplinary action be made a part of Claimant's record. The Claimant should understami without any question that it is absolutely mandatory and necessary that he maintain a reasonable attendance record and that he be a the final opportunity for Claimant to correct his improper conduct. The Hoard expects him to fully live up to the obligation to his job.
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        FINDINGS: The Third Division of the Adjustment Hoard, upon the whole record and all the evidence, finds and holds:


        That the parties waived oral hearing;


That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;

 That this Division of the Adjustment Hoard has jurisdiction over the dispute involved herein; and

        That the discipline imposed was excessive.


                    A W A R D


Claim sustained in part. Claimant shall be restored to service with seniority and other rights unimpaired, but without pay for time lost while out of service.

                          NATIONAL RAILROAD ADJUSTIEPT HOARD

                          By order of Third Division


ATTEST:
 Executive Secretary

 Dated at Chicago, Illinois, this 16th day of December 1976.
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                                              Serial No. 294


            NATIONAL RAILROAD ADJUSTMENT BOARD


                    THIRD DIVISION


          INTERPRETATION NO. 1 TO AWARD NO. 21346


                  DOCKET NO.. CL-21574

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                    NAME OF ORGANIZATION: Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employes


NAME OF CARRIER: Baltimore and Ohio Railroad Company

 Upon application of the representatives of the Employes involved in the above Award, that this Division interpret the same in light of the dispute between the parties as to the meaning and application, as provided for in Section 3, First (m) of the Railway Labor Act, as approved June 21, 1934, the following interpretation is made:

 Initially, we are inclined to remind the parties that the purpose of an Interpretation is to clarify an Award. It is not a means to reargue the original claim or to pursue new or additional aspects of the original claim.

 The decision in Award No. 21346 was that claimant, a dismissed employe, should: ". . be returned to service without back pay, but with all other rights unimpaired. . ." Claimant was restored to service by the Carrier in January, 1977.

 The petitioning representative organization has asked that claimant be allowed a paid vacation in the calendar year 1977 because Award No. 21346 restored him to service "with all other rights unimpaired."

 Carrier has contended that they have fully complied with the intent of Award No. 21346 and that no vacation pay is due claimant in calendar year 1977 because he did not qualify therefor in calendar year 1976.

 Our decision in Award No. 21346 was intended only to convert the assessment of discipline by dismissal to discipline by suspension to cover the period of time from the original date of dismissal to the date of return to
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service. we do not interpret the language in our Award as
 granting to claimant any rights under the National Vacation
 Agreement other than those for which he would have been
 properly entitled if; instead of having been dismissed in
 the first instance, he was suspended from service from
 April, 1975 to January, 1977.

 Referee William G. Caples, who sat with the Division as a neutral member when Award No. 21346 was adopted, also participated with the Division in making this interpretation.

                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST:
      Executive Secretary


Dated at Chicago, Illinois, this 15th day of March 1978.

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