( Express and Station Employes PARTIES TO DISATTE:

STATEMENT OF CLAIM: Claim of System Board of Adjustment No. 218

1. Carrier violated the.Agreement between the parties when W. M. Hamer was assessed five (5) days actual suspension from November 28, 1974, to December 2, 1974.

 2. The Carrier's action was unjust, unreasonable and a. abuse of Carrier's discretion.
(5) days that she was unreasonably suspended.

 OPINION OF BOARD: Claimant in this case was assigned to a position of
 Janitor-Messenger at Carrier's Bellevue, Ohio terminal. Her messenger duties included the operat throughout the city of Bellevue. During her tour of duty on October 17, 1974, while operating the company vehicle, claimant was involved in a collision with another vehicle at a Bellevue intersection.

 After a scheduled hearing, claimant was assessed a five (5) day suspension for her responsibility in the collision.

 The basis of the appeal in this case both on the property and before our Board has been that the assessment of a five (5) day suspension was excessive and a violation of Carrier's discretion.

 We have reviewed the entire record and have considered the bresentations of both parties. We fin collision has been established by substantial evidence in the record. We do not find that any of claimant's substantive or procedural rights have been violated.


Based upon the entire record, we cannot say that a five (5) day suspension was excessive or an abuse of Carrier's discretion. We find no basis for disturbing the action taken.

 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 invclved herein; and

        That the Agreement was not violated.


                    A W A R D


        Claim denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST: /~Gi G~, ejee&I
          Executive Secretary


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

                                  ~cEI v~0


                                  S C P 2 3 1977


                                ~ J BERG P