Brotherhood of Railway, Airline and
 Steamship Clerks, Freight Handlers,
 ( Express and Station Employes
 PARTIES TO DISPUTE:
 (Illinois Central Gulf Railroad

(a) Carrier violated the Agreement when it wrongfully suspended Relief Agent F. W. Morrical, from the service of Carrier for failure to comply with operating Department Rules "A", "B" and '$".

 (b) Carrier now be required to clear record of Relief Agent F. W. Morrical of all charges, with pay for all time lost due to five (5) days suspension from the service of Carrier cormnencing November 8, 1976 through November 12, 1976.

 (c) Carrier now be required to pay Relief Agent F. W. Morrical for attending investigation on November 2, 1976.

 OPINION OF BOARD: On October 29, 1976, Claimant was advised to
 attend a formal investigation concerning au
 alleged."...desertion from your assignment ,..at approximately 4:00 p.m.,
 Wednesday, October 27, 1976..."

 Subsequent to the investigation, Claimant was found guilty of violating Operating Department Rules "A", "B" and "H" and was suspended from service for five (5) days.

 Claimant was assigped to the 7:00 a.m. to 4:00 p,m. shift on the day in question, and he did not leave the office until 4:00 p.m. Rule 32 states:



Claimant asserts that he was neither instructed nor authorized to work overtime on the day in question, as provided in the cited rule. Therein lies the basis for this disp view.

 Accordingly, it becomes necessary for us to determine if there is anything of record which would warrant our disturbing the credibility resolution in this case.

 On the day in question, the Claimant did not complete certain billing, and when he was preparing to leave at the end of his shift, the Assistant Trafamester said:

            'Where are you going, you have to bill the grain train."


But, Claimant asserts that the Trainmaster did not say "...when I had to bill it."

 Carrier asserts that the Employe had a responsibility to complete the duties connected with his assignment and if it required overtime, he should have requested permission to work the necessary overtime. The Assistant Trainmaster confirms that he told the Employe, at 4:00 p.m,, "...You know you have to bill the grain train..."· but the Claimant left. It is conceded that no one specifically instructed the Employe to work overtime.

 We find no basis to upset the discipline because the Hearing Officer considered certain operating rules when, in fact, they related - at least in part to the specific charge. A finding that the Employe violated Rule "H" = which prohibits desertion from duty - is permissible when the Employe is charged with "desertion."

 The term "desertion" may very well convey different concepts to different individuals. Certainly, this Employe did not depart the premises during a work shift; but we feel that the term is broader than that and it prohibits this type of activity. We will grant that the Employe needed authority to work overtime, but a fair reading of the record suggests that this Employe had a reasonable basis to believe that some conduct was expected of him. When an Assistant Traiamaster said "...where sre you doing, you have to bill the grain train..." it was, at that point, obvious that some particular activity was expected and a loyalty to the employer required the Claimant, at the very least, to ask what the Supervisor meant by that rather pointed statement.
                  Award Number 22395 Page 3

                  Docket Number CL-22404


The fact that he was not specifically instructed to work overtime is explained by the testimony that it was presumed that he was going to the Post Office and that he would return to complete the task.

        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

        That the Agreement was not violated.


                  A W A R D


        Claim denied.


                      NATIONAL RAILROAD ADJUSTMENT BOARD

                      By Order of Third Division


ATTEST. ~~/)(j/'
      · - Executive Secretary


Dated at Chicago, Illinois, this 27th day of April 1979.