Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station Employes PARTIES TO DISPUTE: (Chicago and. North Western Transportation company

 STATFSO;NT OF CLAIM: Claim of the System committee of the Brotherhood

1. Carrier violated the Agreement Rules, particularly Rule 21, when under date of February 27, 1978, it assessed discipline against Mr. Louis J. Wierichs in the form of a twenty (20) day actual. suspension, and, in addition, disqualified him from multiple-man Agencies, a condition which caused him to lose his regular position of Supervising Agent at Appleton, Wisconsin, and,

 2. Carrier shall be required to clear Mr. Louis J. Wierichs' records and restore him to his regular Agent's position at Appleton, Wisconsin and compensate him for all lo (20) day suspension, and full reparations until the instant violation cases, account ngt allowed to work his regular Agent's position.

 OPINION OF BOARD: Claimant objects to a twenty-day suspension and being dis
 qualified from multiple-man agencies, a condition which
 caused him to lose his regular position as supervising agent at Appleton,
 Wisconsin.

 The Carrier's basis for its action is a hearing based upon the charge that the claimant made a false statement in the investigation on February 8, 1978 wherein he stated that he had no previous knowledge of discrepancies on the Appleton clerical payroll and falsification of the Appleton '64 Report for the period ending January 31, 1978-

 With respect to the first charge, a review of the transcript indicates that a clerk had reported to the claimant that he had received an anonymous phone call with respect to the chief clerk not being on duty, totally unsubstantiated by any details- It is difficult to translate this into his having knowledge that the clerk was indeed falsifying the payroll records. This Board finds that the charge has not been substantiated on the record.

 With respect to the second charge, the falsification of the Appleton '64 Report, the record shows that this was a report that was traditionally prepared by the chief clerk even though it was executed by the claimants While the claimant is responsible for the document in the normal course of things, it would take much effort to actually verify the details of the report which, at best, was a record


of how the station was doing. The chief clerk vas a trusted employe and obviously the claimant was., to some degree., negligent for having not supervised him mere closely; pline imposed in this instance is excessive. The principle has been well. established that this Board should not substitute its judgment for that of the Carrier where it has produced substantial evidence that a charge was nommitted. Howevers the Boa ten years of unbl.emiehed service was excessive.

 It Is the Board's conclusion that the twenty-day suspension should be reduced to ten days., and if it has not already done soo that the Carrier restore the claimant to without pay adjustment for the intervening period.

 FINDINGS: The Third Division of the Adjustment Boardp 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 Aat,q 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 RAIROAD ADJUS24ENT BOARD

                            By Order of Third Division


ATTEST: Acting Executive Secretary
 National Railroad Adjustment Board

 i

 Rosemarie Breach - Administrative Assistant

                                      RECEIVF~


Dated at Chicagoq I17.inoisq this 14th day of march 1983.
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