(Brotherhood of Railway, Airline and ( Steamship Clerks, Freight Handlers, ( Express and Station Employes PARTIES TO DISPUTE: (St. Louis-San Francisco Railway Company



1. The Carrier acted in an arbitrary, capricious and unjust manner and violated the agreement between the parties when on March 10, 1978 it suspended Clerk Jessie Thompson from the service for a period of ten (10) working days effective March 13, 1978.

2. In view of the foregoing arbitrary, capricious and unjust action of the Carrier, it shall now be required to:







OPINION OF BOARD: On March 4, 1978, the Claimant was notified to appear
for an investigation on a charge that she failed
properly to mark another employe as laying-off, which resulted in certain
overtime payments until another employe could be called.

Subsequent to the investigation, the Claimant ,Ws suspended from service for ten (10) working days.

The evidence adduced at the hearing demonstrated that the Claimant did receive a call from another employe at 4:35 a. m. on the day in question, and she was informed by that employe that he was not feeling well. The Claimant advised the employe that she had an extra employe available who could be used to fill the vacancy, and that it would be permissible for him to lay-off. However, she did not follow through or arrange alternate
coverage. .-



The Claimant defended her actions on the basis that she thought a "joke" was being played upon her when she received the telephone call.

After a review of the entire record, we are of the view that there is no procedural de*iciency which precludes us from considering the case on the merits. There is nothing presented to us which causes us to dispute the Carrier's finding that the Claimant was guilty, as charged, and under the circumstances, we do not conclude that the discipline imposed was arbitrary and/or capricious.

        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: Executive Secretary


        Dated at Chicago, Illinois, this 27th day of June 1980:


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