Joseph A. Sickles, Referee


(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:
              (Seaboard Coast Line Railroad Company


STATEMENT CF CLAIM: "Claim of the System Committee of the Brotherhood that:

 (1) The discipline (fifteen demerits) imposed upon Trackman R. K. Carmichael for alleged violation of Rule 17 was unwarranted and an abuse of justice and discretion (System File C-7+(13)-RKC/12-39(79-22) J).

 (2) The claimant's personal record shall be cleared of the charge leveled against him and said discipline shall be expunged therefrom."

 OPINION OF BOARD: The Claimant was charged with reporting to work late on
 October 31, 1978; which letter of charge also alleged that the Employe had been "warned repeatedly" about reporting late for work.

 Subsequent to the hearing, the Employe was assessed fifteen (15) demerits, but was not suspended for any period of time.

 There seems to be no question that the Employe was approximately two hours late for work, however he indicates that he had previously worked an extensive period of overtime, and that his wife was undergoing certain childbirth problems which resulted is his oversleeping. However, we note that the Employe conceded that he did not have as alarm clock, but rather relied on his wife to awaken him.

 Our review of the Tecord shows that the Etnploye was guilty of the offense, and it appears that even though the Employe's prior record for reporting late for work with ,justified a more severe disciplinary action, the Carrier did take into account the mitigating circumstances concerning the anploye's wife's condition and the hours he had worked prior to the day in question.

 Under the circumstances, we are not able to conclude that the Carrier's assessment of discipline in this case was excessive, arbitrary or capricious, and we will deny the claim.

        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;

Award Number 23840
 Docket Number MW-23695

 Page 2

 That the Carrier and the Employes involved is this dispute

 are respectively Carrier and Employes within the Labor Act, as approved June 21, 1934;

 That this Division of the Adjustment Board has jurisdiction aver the dispute involved herein; and

 meaning of the Railway

 That the Agreement was not violated.

 A -W A R D
Claim denied.

 Attest: Acting Executive Secretary
        National Railroad Adjustment Board


NATIONAL RAILROAD ADJUSTMENT BOARD
 By Order of Third Division

 WBY
      osemarie Brasch - Aftinistrative Assistant


Dated at Chicago, Illinois, this 26th day of March 1982.