(Brd'therhood of Railway, Airline and ( Steamship Clerks,, Freight Handlers, ( Express and Station Employes PARTIES TO DISPUTE: (The Baltimore and Ohio Chicago Terminal ( Railroad Company

(1) Carrier violated the terms of the Agreement between the parties, when Gn January 30, 1975, it imposed discipline of 10 days actual suspension from service upon Utility Clerk James A. Pippen, as a result of an investigation held January 29, 1975, which was improper, and

 (2) Carrier shall, as a resclz, be required to compensate Mr. James A. Pippen ten (10) days pay ac the rate of his position for the period January 31 through February 9, 1975.

 OPINION OF BOARD: Claimant was charged with conduct unbecoming an
 employe. The charge involved keypunching of
 commodity information on one car of manure. The load was punched in
 a CLIC format for computer entry with a well-known four-letter slang
 term denoting manure. At the investigation Claimant denied making
 the entry but it was brought out that his ID Code indicated that
 the entries were his.

 Claimant was given a 5-day suspension for the infraction. Given the nature of the offense and taking into account other factors of contemporary railroading and conduct, we feel that a 5-day suspension was excessive. In our judgment, a reprimand would be an appropriate penalty.

 At the time he served his 5-day suspension in the instant case, Claimant had pending a 5-day overhead suspension that he was now required to serve because he failed to maintain a clean record


for a 3-month period, a condition of the earlier deferred suspension. Thus, Claimant was suspended for 10 days. Our reduction of the discipline from a 5-day suspension to a reprimand will not disturb the earlier suspension. Accordingly, Claimant shall be allowed compensation for wage loss while serving the second 5-day suspension, in accordance with Rule 47 (a-6).

        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; 11 .111,

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and

 That the Agreement was violated to the extent shown in Opinion.

                    A W A R. D


Claim sustained to the extent indicated in the Opinion and Findings.

                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        By Order of Third Division


ATTEST: _
        Executive Secretary


        Dated at Chicago, Illinois, this 30th day of May l979.;.\ ^,,