(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(Georgia Southern and Florida Railway Company



Carrier violated the agreement on May 12, 1975, when it unjustly suspended Claimant B. G. Scarborough, Agent-Operator, Hahira, Georgia, from the service of the Company commencing Monday, May 12, 1975, to and including July 19, 1975, a period of 60 calendar days.

For this violation, the Carrier shall now compensate Claimant B. G. Scarborough, Agent-Operator, Hahira, Georgia, by paying him for all time lost as a result of this unjust discipline, 44 work days, $1,770.12.

OPINION OF BOARD: In this dispute Claimant was suspended for a
period of 44 working days following an
investigation. At the outset Petitioner objects to the manner in
which the matter was handled on a procedural basis: 1. Claimant
was given a charge which was vague, indefinite and prevented his
preparing an adequate defense. 2. The investigation was not held
in a fair and impartial manner. It must be noted that there was no
objection whatever at the hearing either to the framing of the
charge or the conduct of the hearing. It is well established that
objections which are not timely made at the hearing are deemed to
have been waived (see Awards 16121 and 21102 among a host of others).
It is also abundantly clear that Claimant was prepared and indeed
did mount a defense at the investigation. The procedural objection
must be rejected.

With respect to the merits, there is little question concerning the facts. Claimant, by his own admission in addition to testimony of Carrier officials, did leave his office without securing the required permission; he left the office unlocked and unattended, contrary to rules, for at least an hour and forty-two minutes; and he allowed two friends and a Carrier customer to store



merchandise in an unused station without authority and with full knowledge that Carrier had rejected prior requests by the same parties to store material in the station on a leased basis. The only difference in the factual aspect of the dispute is Claimant's insistence that his motives were pure.

It is evident that Claimant was properly found guilty of the charges by Carrier. The quantum of discipline assessed was neither arbitrary, capricious nor excessive under the circumstances and in the absence of such showing with respect to the discipline, we will follow the long line of awards holding that we may not substitute our judgment for that of Carrier.

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 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

        That the Agreement was not violated.


                    A W A R D


        Claim denied.

                                          J


                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        By Order of Third Division


ATTEST:· i I~
Executive Secretary

Dated at Chicago, Illinois, this 30th day of November 1978.
                    Award Number 22237 Page 3

                    Docket Number CL-22147

                    A W A R D


        Claim sustained, in part, as indicated in the Opinion.


                            NATIONAL RAILROAD ADJUSTMENT HOARD

                            By Order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago, Illinois, this 30th day of November 1978.