(Brotherhood of Railway, Airline and Steamship Clerks, (Freight Handlers, E`cpress and Station Employes PARTIES TO DISPUTE: (Sob Line Railroad Company

(1) Carrier's action in the dismissal from service of 2·:r. Eugene Hoertsch, Seniority District PIo. 33, St. Paul, 2·:innesota, effective August 1, 1975, was unreasonable, arbitrary, capricious and unjust.

 (2) PLr. Eugene Hoertsch shall have his record cleared of any and all charges which may have been placed against him because of this case.

 (3) bin. Eugene Hoertsch shall now be reinstated to the service of the Carrier with seniority and other rights unimpaired.

 (4) Mr. Ec,Lgene Foertsch shall now be compensated for all wages and other losses sustained account this unwarranted dismissal.

 OPINION OF BOARD: Claimant herein. was dismissed by Carrier after an
 appropriate investigation, for absenting himself
 from duty without permission on July 22, 1975 and partaking of intoycants
 during his working hours on that date.

 The facts are not in dispute. Claimant's working hours on the day in question were from 9:00 A.M. to 6:00 P.m. On July 22, 1575, after Completing his work, Claimant left the property at 5:30 P.:.!. and drove to a bar a mile and a half away to meet someone for personal business reasons. Upon arriving at the bar at appro:cimately 5:45 P.M. he ordered an alcoholic drink, while waiting for his appointment to arrive. At that time his suuervisor entered the bar and saw him take a drink. Further, the record indicates that Claimant did not have permission to leave earl; he left his relief cl°_rh on the premAses at the time of his departure, so that the nosition was covered.

 Petitioner are-lles that Claimant had testified .rithout refutation that he and other employees had on occasion in the -cast left cork =early after completing their assignments, without comment by Carrier officials - and without permission. It is contended from this testimony that Carrier
                        Docket Number CL-21786


had in the past either condoned or ignored early departure such as that herein and should not have in this instance penalized Claimant. It is asserted further that Claimant, 53 years old and with 36 years of service, had never been disciplined for infractions similar to that herein in the past. It is concluded by the Orgarization that the discipline imposed was wholly improper and Carrier has abused its managerial prerogative and discretion.

 Carrier contends that there were no mitigating circunsta.-ices apparent in tni.s-dispute and Claimant was clearly guilty as charged by his own admission. Carrier considers Claimant's conduct blatant and a serious viclatioa of r-,.les and regulations governing railroad employes. Carrier ar__ues that the penalty imposed was necessary and appropriate under the circumstances.

        The record of this dispute mandates consideration of prior con-

donation by Carrier of conduct similar to that of Claimant herein. Although
 it is clear that Claimant had no right to leave work early without Carrier's
 permission, Carrier's sudden imposition of "capital punishment" for this
 half-hour infraction is certainly arbitrary and unwarranted. This is par
 ticularly apparent in the light of Claimant's long service without similar
 prior infractions (ef Award 13005). It would of course be improper to
 ignore the fact that ClaLm-art's actions were contrary to normal working
 rules and -.. us t be corrected.

 Under ell the circumstances, therefore, and for the reasons indicated above, we sha11 direct tha ninety-dk' suspension and that Claimamt be reinstated, with al- rights unimpaired, and made whole fo
        FI_~I:GS: T_`,e Third Division of the Adjustment Board, upon. the whole record and ^P11 the evidence, finds and holds:


        That the parties waived cral hearing;


That the Carrier and the Mmployes involved in this dispute are respectively Carrier a:=d ~7-pleyes mi.thin the meaning of the Railway Labor Act, as approved June 21, 1934.

 That this Division of the Adustment Board ilas jurisdiction over t_^.e dispute involved herein; and

        That the discipline Lnposed was arbitrary and too severe.

                        Award I\',;L=er 21549 Page 3

                        Docket Number CL-21730

                        A W A R D


        Claim sustained in part as indicated in the Opinion above.


                            NATIONAL RAILROAD ADJUSTIvIENT BOP.RD

                            By Order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago, Illinois, this 31st day of may 1977.