Brotherhood of Railway, Airline and Steamship Clerks, Freight Handlers, Express and Station fnployes PARTIES TO DISPUTE:



1. The Western Pacific Railroad Cbepnny violated the Rules of Clerks Agreement Then it arbitrarily and capriciously removed Xs. Pauline Levis iron service January 13, 1981, on inadequate charges that vere unproven and failed to return her to service until Februa 23, 1981.
(2) Tae Western Pacific Railroad shall now be required to ccapensate Ms. Pauline Lewis for all time lost from and including January 13, until and including February 23, 1981.
OPIafIOXO CF BARD: On January 1,3, 1981, Clalnant, a Guaranteed Extra Board
 Clerk, in the Operating Department, of the Carrier's San Francisco General. Office as a result of an incident occurring that day vas served a Notice of Formal Investigation on Jaasssry 14, 1981, vhich stated as its purpose:

        '...to MAC=.ain facts and place your respoasibillty, if a:q, for your alleged Insubordinate behavior to J. W. Long, General Supervisor-Demnzage at 8:00 A.X., Tuesday. January 13, 1981, and also for your alleged unauthorised absence an January 13, 1981 ....'


As a result of the investigation the Dire ctor-Opemting Adx4inistration found he could 'only coaclode the charges of insubordination to Mr. Long and your nnnathorized absence were substantiated by the bulk of the testimony" and disaisaad Claimant frca service. 'mereafter, a claim vas filed as Claimant's behalf four her restora February 23, 1981 Claimant vas restored to service `rith seniority rights unimpaired without prejudice to her right to pursue the claim for lost rages.

 Before ve speak to the substantive issues left to our jurisdiction re mist speak to the procedur that the charges rare amltipls, so proof of violation (or rules). We have carefully reviewed the asuplets record and although it is shorn acme discipline other thna discharge rights.
                      Award Humber 24408 Page 2

                    Docket finmber CL-24474


The question thus left four determination is whether the discipline is unjust or excessive. In this instance the Board finds that the discipline vas excessive. The discipline shall be reduced to 10 working days and she shall be compensated for all time lost in excess of the 10 working days at her regular rate up to February 23.. 1981* when she returned to work.

 FI1®Il3S: The Third Division of the Adjustment Board.. 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 Employer within the meaning of the Failway Labor Act,, as approved Jane 21., 1934;

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

          That the Agreement was violated.


                      A W A R D


          Claim sustained in accordance with the Opinion.


                            NATIONAL RAMROAD AATUSTWT BOARD

                            By order of Third Division


ATMT: Acting Executive Secretary
          National Railroad Adjustment Board


By ~.~n-~.t~t

        Rosenarie Brasch - Administrative Assistant


Dated at Chicago.. Illinoisj, this 15th day of June 1983.