(Brotherhood of Railway, Airline and Steamship Clerks,
 ( Freight Handlers, :cpress and Station _Dmployes
 PARTIES TO DISPUTE:
 (Norfolk and Western Railway Company

                $TATMENT OF CLAIbf: Claim of the System Committee of the Brotherhood (m-94oo) that:


1. Carrier violated the Agreement between the parties when, on August 3, 1979, they arbitrarily and capriciously assessed Clerk E. L. Teal, Jr. thirty (30) days suspension from service.

 2. Carrier's action was unjust, unreasonable, and in abuse of Carrier's discretion.

 3. Claimant's record shall be cleared of this charge and Carrier shall compensate Mr. Teal for all time action.

 OP 11;ION CF BOARD: The Claimant protests as unjust and arbitrary the as
 sessment of 30 days suspension for failure while on duty
 as an operator-clerk-caller to detect a hot box.
        The Organization contends:


          (1) The hearing was unfair because it failed to develop material facts through other culpable az=loges not called as .;itunesses.


          (2) The penalty was excessive because it :.ailed to consider mitigating circumstances.


          The Board concludes that the record does not support either con-


-,'he ?oar- finds on :he entire _ cor,l thaw ,-_ere as .;:zbs ,ant-~l evidsnce, fairly adduced, of a reliable and rrobative na_:re to es.ab__~.. the '-?i~nt'o _°s:onsibili.t'! 33 Charo-.2d. 'ie __':d f''Lrthe', i.^. .it'd U_'--ae'exten: 'D° d=:,.age inU1n'T°d, that the penRlty '.Jas not °_Xo.°.351'Ie.

        =h- a~_.. '.Jill '--c lpnied.


u
                  Award Number 2LC22 Page 2

                  Docket Number T.-23945


        :ID'DZ;GS: The Third Division of the Adjustment Board, upon te Whole reco--i and all the evidence, finds and holds:


        That the parties waived oral hearing;


That the Carrier and the aaployes in-rolved in this dispute are respectively ^arrier and ployes within the meaning of the Railway Labor Act, as approved June 21, 1934;

 That this Division of the Adjustment Board has jurisdiction
 o·rer the dispute involved herein; and

        '-hat the Agreement was not violated.


                    A :d A R. D


        Claim denied.


                        NATIONAL ;ATL.BOAD ADJUS2·1E?IT BOARD

                        By Order of Third Division


        ATTEST: Acting Executive Secretary National Railroad Adjustment Board


By Jv yrr~ - ~ i
      q~ a Brasah - Adminis xative Assistant


        Dated at Chicago, Illinois, this _5 ;~ a.·r o_, ~;o·,·e.mber 19$2·


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