PARTIES TO DISPUTE:

STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The forty-five (45) demerits imposed upon Mr. R. T. Bridges resulting in his dismissal for alleged violation of "General Rule B, General Regulations 700, 702 and 702(b) on January 28, 1982, January 29, 1982, And February 1, 1982, in the vicinity of Kelso, California" was without just and sufficient cause (System File 5-19-12-14-55).
(2) The claimant shall be reinstated with seniority and all other rights unimpaired, his record shall be cleared of the charges leveled against him and he shall be compensated for all wage loss suffered.
OPINION OF BOARD: The Claimant was notified to attend an investigation to
 develop the facts and determine responsibility concerning
 his absences from work on three separate dates, as well as his responsibilities
 for incidents involving his behavior, which were considered to be insubordinate
 and quarrelsome by the Carrier.
Subsequent to the investigation, the Claimant was notified that he had been found guilty and assessed 45 demerits which, when added to those already on the Claimant's record, made a total of 120 demerits. The Claimant was then removed from the service because of the excessive accumulation of demerits.
The Organization, as brought forth in the record, vigorously advances its claim on a number of procedural contentions, as well as on the merits.
Accordingly, this Board has carefully reviewed the investigative transcript, as well as all of the other materials in the record before us, to insure that the Claimant's rights were not violated. While we find, as did the Carrier, that the Hearing Officer's performance was not "exemplary", it did not deprive the Claimant of due process.
We do not find, after conducting this examination of the entire record before us, that the Carrier acted in a singularly prejudicial manner in this proceeding.
With respect to the merits, we find sufficient evidence to support the finding of guilt. As stated a number of times by this Division, it is not incumbent upon this Board to reduce the penalty assessed by the Carrier unless it is found to be arbitrary and/or capricious. No such conclusion is supported by the record, in the instant case, and the claim is denied.
                    Docket Number MW-25119


        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 Agreement was not violated.


                        A W A R D


        Claim denied.


                              NATIONAL RAILROAD ADJUSTMENT BOARD

                              By Order of Third Division


        Attest: , Nancy .,,.Ofver - Executive Secretary


        Dated at Chicago, Illinois this 26th day of September 1984.