( Freight Handlers, Express and Station Employes PARTIES TO DISPUTE:


STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood, GL-

1. The Carrier violated the current Clerks' Agreement at Houston, Texas, when on November 4, 1974, it arbitrarily, capriciously and in an abuse of discretion discharged Clerk Joan B. McClain from the service of the Southern Pacific Transportation Company, Texas and Louisiana Lines, without just and sufficient cause.

 2. Carrier shall as a result compensate Clerk Joan B. McClain for all time lost, including all overtime she could have worked to include interest at the rate of 10% per annum on all monies due as a result of the improper discharge.

 3. Carrier shall clear the service record of Clerk Joan B. McClain of the charges and discipline assessed in the case at hand.

 OPINION OF BOARD: Claimant was dismissed from Carrier's service on
 November 4, 1974 for failure to perform her assigned duties, being indifferent to duty on October 4, 7, 16, 17, 22 and 30, 1974, and for violating Carrier's General Rules and Regulations Nos. 801, 804, and 810.

 In conference on January 16, 1975, Carrier agreed to reinstate Claimant as a Freight Inspector, effective January 17, 1975. This agreement was made without prejudi Carrier regarding payment for time lost and the discipline assessed.

 Claimant raises the issue in the instant case that there was a violation of Bile 25 in that she did not receive Carrier's decision until eleven days following the conclusion of the investigation. This issue was discussed at same length in Award No. 214.15 asd our ona-. clusion here is the same as there, namely, there was no demonstrable prejudicial effect upon Claiman Accordingly, we conclude that Carrier's violation does not in the facts of this case constitute reversible error.


Turning to the merits of the case the record reveals that Claimant was tardy on five (5) occasions, the latest of which were October 4 and October 29. In addition, Claimant did not turn in inspection reports on damaged lading Gulf Atlantic Warehouse Company, Imco Services, City Dock 21, and UniversalTerminalWarehouse over th of September and October 1974. Finally, Claimant left her company-owned vehicle parked and locked on Carrier's parking lot at 3:10 P.M. on October 29, 1974, one hour and twenty minutes before the end of Claimant's tour of duty.

        While there is much controversy in the record as to what really

happened in some of these incidents, and why, nevertheless, there does r,
 seem to be substantial evidence that Claimant failed to properly carry out
 her assigned duties on a number of occasions.

 No employe can be held to absolute perfection. The mere fact that his or her work has occasional defects or is marked by occasional lapses is not enough to subject him or her to discipline.

 However, if an employe is guilty of repeated acts of careless- /) ness or inattention to duty, none of which is sufficient, standing alone, to justify discipline, the employe can be disciplined on the basis of his or her whole record of careless acts.

 The Board finds that Carrier took the action it did on the basis of substantial evidence contained in the record of its investigation, and that no basis exists upon which it can properly reverse Carrier's decision.

        FINDINGS: The Third Division of the Adjustment Board, 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 Board has jurisdiction over the dispute involved herein; and

        t,: v \ z That the Agreement was not violated. ~ir w


                                          2 19-7/7

                    A W A R D R f:4?t t


        Claim denied. ~7

        J ;~

        NATIONAL RAIl.RO Sam


ATTEST: p4wlawwww By Order of Thi
 Executive Secretary

 Dated at Chicago, Illinois, this 18th day of February 1977.