(Brotherhood of Railroad Signalmen
 PARTIES TO DISPUTE:
 (Missouri Pacific Railroad Company


for payment of all time lost from September 26, 1979, until October 26, 1979,
 and that his record be cleared of any reference to this matter, account improperly
 suspended from service following formal investigation held at North Little Rock,
 Arkansas, on September 20, 1979, in connection with his alleged responsibility
 far being absent without proper authority fry 6:30 p.m. August 31, 1979, until
 11:59 P.m. September 1, 1979." (Carrier file: K 225-829)

 OPINION OF BOARD: Claimant. W. A. DeWoody, after investigation, was suspended
 for a period of thirty (30) days. Claimant was charged with
 being absent without authority from his regular relief assignment as Signal
 Maintainer, Te:mrkana, Texas on August 31, 1979. Specifically, Claimant was
 found guilty of refusing to notify his supervisor or the dispatcher of his where
 abouts and falling to respond to trouble calls on August 31 and September 1, 1979·

 The organization contends that (terrier failed to meet its burden of establishing Claimant's guilt. It also asserts that Claimant's procedural rights .-were violated.
 A careful review of the transcript convinces us that Claimant is guilty as charged. He did violate Rules M and W. On this there can be really no dispute.

 As to the Employee argument that Claimant was not afforded a fair and impartial hearing, we find that there is no basis for such a claim. Nothing in the record indicates that Claimant's due process rights were violated. To the contrary, we are persuaded that the hearing was conducted in an evenhanded manner. Surely, a suggestion that an employs accept some degree of penalty without a hearing does not indicate that the hearing held, once that offer is rejected, is biased.

 Thus, Claimant is guilty as charged. The final question that remains is the penalty imposed.

 Claimant was assessed a thirty day actual suspension. This Board teas consistently held that the penalty imposed by Carrier will not be overturned un-
 less it is arbitrary, capricious or unreasonable.,


Here, we are convinced that the penalty is excessive. It is not corrective; it is positive. Therefore, we shall reduce the penalty to a fifteen day suspension. Claimant shall be made whole for the period of his improper suspension consistent with the terms of the Agreement.

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


        That the parties waived oral hearing;


That the Carrier and the Employee involved in this dispute are respectively Carrier and FSaployes within the meaning of the Railway Labor Act, as approved June 21, 1934;

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

        That the discipline was excessive.


                        A W A R D


        Claim sustained in accordance with the opinion.


                            NATIONAL RAILROAD ADJUS24ENT BOARD

                            By Order of Third Division


ATTEST: Acting Executive Secretary
      National Railroad Adjustment Board


By 0:_:
 - osemarie Brasch = Administrative Assistant

 Dated at Chicago, Illinois, this 30th day of June 1982.

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