PARTIES TO DISPUTE:

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

 (1) The one (1) day suspension imposed upon Equipment Operator C. P. Staeben for being fifteen (15) minutes late for work on January 8, 1979 was without just and sufficient cause (System File C#30/D-2267-1).

 (2) Equipment Operator C. P. Staeben shall be compensated for all time lost on January 8, 1979."

The Employee contends that he had a legitimate reason for being late, i.e _ a flat tire on his vehicle.

 Our review of the record indicates that when the Employe initially spoke with the Roadmaster he did not advise him of the flat tire but merely said, "I'm just late". It was at a later time that the flat tire matter was mentioned.

 Under those circumstances we cannot conclude that the Carrier's finding of guilty or assessment of discipline was arbitrary or capricious and we will deny the claim.



That the Carrier and the Employee involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 193+;

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

                        Docket Number MW-23 15

                        A W A R D


        Claim denied.


                        NATIONAL RAILROAD ADJUSTMNT BOARD

                        · By Order of Third Division


Attest: Acting Executive Secretary
 National Railroad Adjustment Board

B7y2 rje:-e~

        Rosemarie Brasch - Administrative Assistant


Dated at Chicago, Illinois, this 5th day Of January 1983.

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