(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Employee PARTIES TO DISPUTE: ( (Louisville and Nashville Railroad Company

1. The Carrier acted in en arbitrary, capricious and unjust per and in violation of the Agreement between the parties when it suspended Extra Clerk F. K. Bilal for ninety (90) days following two (2) investigations held on February 20, 1980.

 '. A; a consequence, Carrier shall compensate Extra Clerk F. K. Bilal for each day he would have stood to work had he not been suspended, at the rate of the position missed, with a joint examination of the records to determine the amount due.

 OPINION OF BOARD: Claimant F. K. Bilal was an Extra Clerk on the Extra Board
 at Mobile, Alabama. He was charged with making errors on
 waybills while on duty et Pascagaula, Mississippi, on February 7, 1980. A
 hearing inl:o the matter was scheduled for February 20, 1980. On February 19,
 1980, Claiaant missed a call when he was marked on the board ok for the call.
 Carrier also scheduled the investigation into the missed call on February 20,
 1980. At the conclusion of the two hearings, Claimant was found guilty as
 charged and assessed a 90-day suspension from service.

 Petitioner alleges that Claimant was denied a fair hearing and that since one penalty was imposed for two infractions, Claimant was denied his right to appeal. He was not sure what portion of the 90-day suspension was assessed far what infraction, so he could not prepare a defense on appeal. Petitioner asks that the suspension be set aside and Claimant made whole for all lost wages.

 E,fter a thorough review of the record, it is the opinion of this Board that Claimant was granted a full and fair hearing on both charges and that Carrier did not violate the Agreement by holding two separate hearings and granting only one penalty.

 The record also reveals that claimant, by his own admission, was guilty as charged on both counts. When the penalty imposed is considered, this Board can find no basis in this case for substituting its judgment for that of Carrier.


        F':N77L^IGS: The Third Division of the Adjustment Beard, 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, 1931+;

 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


        pain denied.


                            NATIONAL RAILROAD ADJUSTMENT BOAFD

                            By Order of Third Division


ATTEST: Acting Executive Secretary
 National Railroad Adjustment Board

        Rosemarie Brasch - Administrative Assistant


Dated at Chicago, Illinois, this 10th day of March 1982· ~~ G E I V E D
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