PARTIES TO DISPUTE:


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

(1) The ten (10) days of suspension imposed upon Trackman E. Thomas for alleged "failure to devote himself to his duties during his tour of duty on July 15, 20, 27 and 30, 1982; leaving his work thirty minutes before his scheduled quitting time without permission on July 30, 1982 and for reporting to work late on July 20 and 27, 1982" was without just and sufficient cause (Carrier's File 013.31-272).



OPINION OF BOARD: Trackman E. Thomas was given a 10-day suspension for:
(1) his alleged failure to devote himself to his duties during his tour of duty on July 15, 20, 27 and 30, 1982; (2) leaving work 30 minutes before quitting time without permission on July 30, 1982; and (3) reporting to work late on July 20 and 27, 1982. The Organization asserts the suspension was not for just and sufficient cause. :t asks that Claimant be made whole.

We are obliged to confine our review to evidence raised and joined on the property. See Third Division Awards 22175, 21882, 21290. We note that in handling on the property, the Organization did not dispute Claimant's guilt. Instead, it contended the "suspension was too harsh [a] penalty". We are unwilling now to permit the Organization to argue the question of Claimant's guilt. Nor will we now substitute our judgment for that of the Hearing Officer who tried the facts.

Our focus, instead, must be limited to whether the penalty imposed was too severe. The record reveals that within the space of 15 days (July 15-30, 1982), Claimant violated Carrier's Rule Q on seven separate occasions. In the face of that, we cannot conclude the discipline imposed was excessive.





That the Carrier and the Employes involved in this dispute are respectively Carrier and &mployes within the meaning of the Railway Labor Act as approved June 21, 1934;

                    Locket Number DH-25740


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 ALUUSTMENT BOARD By Order of Third Division


ATTEST:
                    i

        Nancy J. - Executive Secretary


Dated at Chicago, Illinois, this 22nd day of August 1985.

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