NATIONAL RAILROAD ALUUS=dT BOARD

Award Number 23964

THIRD DIVISION Docket Nimmber CL-23999

Ida Klaus, Referee

(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station FSaployes PARTIES TO DISPUTE: ( (Chicago, Milwaukee, St. Paul and Pacific Railroad Company

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9446) that:

1) Carrier violated the Clerks' Rules Agreement at Bensenville, Illinois rhea it arbitrarily assessed discipline of thirty (30) days suspension to Employe S. A. Lewis, having failed to prove the alleged charges, beginning January 24, 198o.

2) Carrier shall now be required to clear the record of gaploye S. A. Lewis of the alleged charges and compensate for all lost time from January 24, 1980 to and including February 22, 1980.

OPINION OF BOARD: The Claimant was assessed a 30-day actual suspension for
failure to protect a company portable radio entrusted to
her care.

The Organization contends teat the charges are not supported by the evidence and that the decision and penalty are not just and reasonable.

Having reviewed the record, the Board concludes that the charges are supported by substantial evidence of a probative nature. Accordingly the Carrier's determination as however, that the discipline imposed was not justified because it was excessive for the offense char will be reduced accordingly.

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 Employes involved in this dispute are respectively Carrier and Employes 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

Award Number 23964 Page 2

Docket Number CL-23999

That the discipline was excessive.

A W p R D

The claim is sustained as to discipline imposed. The 30-day suspension of Employe S. A. Lewis shall be reduced to ten days of actual suspension, sad she shall be compensated for all time lost beyond ten days by reason of the 30-day suspension. Her record shall be modified accordingly.

NATIONAL RAILROAD AWUS'!4ENT BOARD

By Order of Third Division

ATTMT: Acting Executive Secretary
National Railroad Adjustment Board

BY s.
~ff~rie Brasch - Administrative Assistant

Dated at Chicago, Illinois, this 16th day of August 1982.

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