(Brotherhood of Railway, Airline and Steamship Clerks, (Freight Handlers, Express and Station Employee PARTIES 7b DISPUTE: (Chicago and North Western Transportation Cosqenv

1. Carrier violated the effective Agreement Rules, particularly Rule 21, when under date of May 14, 1980, it assessed Clerk Eugene Mryszuk, Wood Street, with a sixty (60) day actual suspension account of an inv°stigation held on May 9s 1980r andj,

 2. Carrier shall nor be required to compensate Clerk Eugene L. Mryszuk for all tine lost account such suspension, as well as clear his record thereof and to include making him whole for any fringe benefit losses.

 OPINION OF BOARD: On May 1, 1980 Claimant, Eugene L. Mryszuk was notified
 to report for formal investigation on may 6, 1980 to de
 termine his responsibility, if any, for his failure to perform duties which
 he was instructed to do by letter dated April 20, 1980. After postponement
 the investigation was held on may 9, 198o. on may 14, 1980 Claimant was noti
 fied by the Carrier that he had been found guilty as charged and was assessed
 a sixty (60) day suspension. After appeal by the Organization on property up
 to and including the highest designated Carrier official, this case is now before
 the National Railroad Adjustment Board.

 A review of the record shows sufficient substantial evidence to warrant conclusion that Claimant is 80 on April 20, 1980 at Carrier's Chicago intermodal yard, was instructed by letter on that date by Assistant Superintendent of Intermodel Operations to perfor assignment. Irrespective of certain details related to the accuracy of Terminal Manager Dorsey's aud 30, 1980, which is con tested by the Organization, there is no doubt, from the record established that Claimant had time on the day in question to perform more billing work that had been given to him than he did in fact do.

 In assessing quantum of discipline Carrier may use past record as
 gu=ide (Second Division Awards 6632; 8527 inter alia). The role of discipline,
 however, as the Board has underlined in many prior Awards, is not only punitive
 but it should also provide corrective and tralni n measures (Third Division
 Awards 5372; 19037 inter alia). The nature of the infraction in the instant


case and past record considerations lead the Board to conclude that a sixty (60) day suspension was unduly harsh and that a thirty (30) day suspension would be reasonable.

 The Board rules, therefore, that the sixty (60) day suspension be reduced to a thirty (30) day suspension, and that Claimant be made whole and compensated, without interest, for all time held out of service during the other thirty (30) days.

        FINDINGS: 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 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

        That the discipline assessed was excessive.


                        A W 'A R D


        Claim sustained in accordance with the Opinion.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


                                          ~~..~ `-1st.

ATTEST: Acting Executive Secretary
 National Railroad Adjustment Board

                                                    I

                                    9.


By
 Rosemarie Brasch - Adwin'strative Assistant

 Dated at Chicago, Illinois, this 29th day of June 1983.