(Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employee PARTIES TO DISPUTE:
                The Washington Terminal Company


STATBbD$1'B OF CLA>tI: Main of the System Committee of the Brotherhood
                (Gtr9316) that:


(n) The Carrier violated the Rules Agreement.. effective July 1, 1972, particularly Article 18, when it assessed discipline of dismissal (later reduced to 57 day suspension) on Baggage Checker Andrew Nathan.

(b) Claimant Nathan's record be clL~red of the charges brought against him and he be compensated for wage loss sustained in accordance with the provisions of Article 18(e).

OPINION OF BOARDS Claimant Andrew Nathan, a baggage checker in the Union
Station, was dismissed from service foe allegedly striking an unknown person. His dismissal was later reduced to a 57-day suspension. The reduction of penalty was a result of a hearing into the matter and Claimant's good past reco reduced Claimant's penalty to time held out of service.

This Hoard has reviewed the record of this case sad has concluded that a ;i7-day suspension that happens to coincide with the amount of tile held out of tservice is arbitrary and is too severe s penalty in the given situation. The Board thinks that Carrier could have made its point by assessing a far-less severe penalty than a 57-day suspension. It is of the opinion that a 30-day suspension from service would have been sufficient for Carrier to impress Claimant with the signific suspension to a 30-day suspension*

        FINDINGS: The Third Division of the Adjustment Hoard, upon the whole record. and all the evidence, finds and holds:


        That the parties waived oral hearing;


That the Carrier and the Employee involved is this dispute are respectively Carrier and Employee within the meaning of the Railway labor Act, as approved June 21,, 1934;
                    Award Number 23556 Pcge 2

                    Docket Number CL-23784


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

        That the discipline was excessive.


                        p W A R D


Discipline imposed shall be reduced from a 57-day suspension to a 30-day suspension.

                        NATIONAL RAILROAD ADJLIS240T BOARD

                        By Order of Third Division


ATTEST: Acting Executive Secretary
        National Railroad Adjustment Bcard


BY oe

      semarie Breach h Ad%4nistrative Assistant


Dated at Chicago Illinois this 10th day of March 1082.

      ~CEIVEp


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