(Brotherhood of Railway, Airline and ( Steamship Clerk, Freight Handlers, ( Express and Station Employes PARTIES TO DISPUTE:



Carrier violated the Agreement when it unjustly suspended J. W. Doughty, Agent-Operator, Wilton, Alabama, from the service of the Company commencing June 4, 1977, and ending June 18, 1977, a period of 15 days.

 For this violation, the Carrier shall now compensate Claimant Doughty, Agent-Operator, Wilton, Alabama, by paying him for all time lost as a result of this unjust discipline.

 OPINION OF BOARD: An investigation was held on July 9, 1977 to determine
 the propriety of discipline assessed against Claimant
 on June 3, 1977 because of his alleged failure to accrue revenue waybills,
 pursuant to the instructions set forth in the Agency Procedures and
 Instruction Manual, Item 1005 through 1035 and Item 10250600. The suspension
 penalty, amounting to fifteen (15) days was subsequently upheld by Carrier
 on July 19, 1977 and Claimant appealed this disposition on the property in
 accordance with Agreement procedures. The claim is now before this division.

 In reviewing this case, particularly the assertions made regarding the investigation, we do not find that the hearing was conducted in a manner that was violative of due process standards. To the contrary, we find that Claimant was afforded a fair and reasonable opportunity to prasent an intelligent defense.

 We do find, however, substantial merit to Carrier's contention that he failed to perform his duties properly during the period April 29 - May 27, 1977. This would include allowing 118 waybills to accumulate without appropriate accrual and failure to secure revenue waybills on cars arriving at the Wilton, Alabama station. Claimant acknowledged that he was late in accruing the waybills and was approximately one month behind in his work, but never indicated to his supervisors that he was overworked. In-fact,


a recent study conducted in January, 1977 revealed that his position was not overloaded and Claimant was frequently warned in the preceding months about his failure to keep his work current. He did not seek assistance, nor contend that he was overworked. There is no dispute regarding the elements of the specifications and the finding is conclusive that he failed to adhere properly to the cited Agency Instructions. In the absence of a finding that Carrier's suspension was arbitrary or capricious, we have no viable recourse other than to deny the claim.

 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.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


ATTEST: &-ee~r
 Executive Secretary

 Dated at Chicago, Illinois, this 18th day of June 1980, ....

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