Brotherhood or Maintenance of Way Pluployes PARTIES TO DISPUTE:

STATFIWT C&' CLA314: "Claim of the System Committee of the Brotherhood that:

 (1) The suspension of three (3) days imposed upon Trackman Robert Huntley was without just and sufficient cause and was wholly disproportionate to the offense S-85).

 (2) Trackman Robert Huntley shall be compensated for all wage loss suffered and his record shall be cleared of the charge leveled against him."

 OPINION OF BOARD: The claimant was suspended for three days for failure
 to appear at a designated spot at the appointed time to
 be picked up by his supervisor. The claimant was employed as a track inspector
 and alleges that he was at the appointed spot except that since the supervisor
 was not there and bemuse he required the services of a bathroom, he went
 across the street to use the bathroom facilities and was just getting back to
 the appointed spot when the supervisor drove by, and he could not attract his
 attention.

 However, the investigation of the incident revealed many discrepancies in the statement of the claimant. The service station in question was not across the street, but some five blocks away, and the service station attendant indicated that the claimant was at the service station at 1:e0, not subsequent to 1:30 as indicated by the claimant. In light of the many discrepancies, it is clearly appropriate that the Carrier discipline the claimant. With respect to the extent of the discipline, we are not inclined to substitute the judgment of the Board for that of the Carrier under the facts in this case.

 We have noted the portion of Award 10582, which was cited by the Organization in its brief; however, in that award, it was held that the Carrier's action was arbitrary, unjust, and without foundation in law or fact because the facts were substantially undisputed and did not establish any violation or insubordination. In the m a violation has been established by the Carrier and, therefore, will not alter the remedy which has been imposed.
                  Award Number 23267 Page 2

                  Docket Number tai-23403


        FEMING3: The Tird. 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 Rmployes involved in this dispute are respectively fhrrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;

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

        That the Agreement vas not violated.


                    A W A R D


        Claim denied.


                        MTIOAAL RAILROAD AWUSWNT HOARD

                        By Order of Third Division


ATTEST:

                awz4o~-

        Ebmcutlve Secretary


Dated at (hiasgo, Illinois, this 15th day of April 1981.

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