(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employee PARTIES '1o DISPUTE: (Western Pacific Railroad Company

                STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (OL-9397) that:


1. The Western Pacific Railroad Company violated the Rules of the Clarks' Agreement when it arbitrarily and capriciously removed Mr. R. J. Rohracheib from service January 4, 1980, on inadequate charges that were unproven and failed to retora Yin to services until March 4, 1980.

 2. The Western Pacific Railroad .hall now be required to compensate Mr. R. J. Rokrscheib for all ti=e lost from and including January 4, 1980, until and including March 4, 1980.

 OPINION OF BOARD: The Claimant was notified to attend an investigation con
 cerning an asserted late reporting for dutys AWOL, and un
 becoming conduct, including threatening remarks aide against another employe.

 Subsequent to the investigation, the Claimant vas suspended for sixty (60) days.

 We are unable to concur that the charges are not precise, or that there are any procedural matters which prevent us from considering and disposing of the case on its merits.

 Our review of the record leads us to conclude that the Employs did report late, and once he arrived at the work lotion, he engaged in certain rather anti-social behavior which was beyond the conduct reasonably expected of him.

 Based upon an entire review of the record, we are of the view that disciplinary action was appropriate, however considering all facets of the case, we are inclined to believe that a 60 day suspension was arbitrary under the circumstances and, accor (30) day suspension.
                    Award Number 23544 page 2

                    Docket Number CL-2409


        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 Osrrier and fployes within the meaning of the Hallway Labor Act., as approved June 21j, 1934;

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

        That the discipline was excessive.


                        A W A R D


Claim sustained to the extent that it exceeded a thirty (30) day suspension.

                            NATIONAL RAILROAD ADJI)SWENT BOARD

                            By Order of Third Division


ATTEST: av /.
        Executive Secretary


Dated at Chiesgop Illinoisp this 26th day of February 1982.