Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26776
 THIRD DIVISION Docket No. CL-27669
 88-3-87-3-130
 (Brotherhood of Railway, Airline and Steamship Clerks,
 ( Freight Handlers, Express and Station Employes
 PARTIES TO DISPUTE:
 (The Atchison, Topeka and Santa Fe Railway Company

(a) Carrier violated the current Clerks' Agreement at Albuquerque, New Mexico, when on November 13, 1985, it unfairly and improperly suspended Steve Wujick from service, and

 (b) Facts developed at the formal investigation held on October 24, 1985, failed to sustain Carrier's alleged charges and did not justify or warrant the harsh penalty imposed, and

 (c) Steve Wujick's record of suspension along with all accused of rule violations be exonerated and all rights unimpaired and paid for all monetary loss sustained as a result of being suspended on November 13, 1985, until and including December 12, 1985, and

 (d) Steve Wujick shall be paid an additional twelve per cent per annum until claim is paid."

 FINDINGS:
The Third Division of the Adjustment Board upon the whole record and all the evidence, finds that:

 The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934.

 This Division of the Adjustment Board has jurisdiction over the dispute involved herein.



Under date of October 15, 1985, the Carrier filed charges against the Claimant, which read as follows:
 Form 1 Award No. 26776
 Page 2 Docket No. CL-27669
 88-3-87-3-130
 "You are hereby notified to attend a formal
 investigation in the office of the Purchasing
 Agent and Materials Manager, 1100 Second Street,
 S.W., Albuquerque, New Mexico, at 9:00 a.m.,
 October 24, 1985, concerning your alleged exces
 sive absenteeism during the period July 1, 1984
 through October 11, 1985, so as to determine the
 facts, and place your responsibility, if any,
 concerning possible violation of Rules 2, 13,
 14, 15 and 16 of the General Rules for the
 Guidance of Employees, Form 2626-Std., issued
 1978.
 "You may arrange for representation in line with
 provisions of the Clerk's Agreement, and you may
 likewise arrange for the attendance of any de
 sired witnesses.
 "Please acknowledge receipt of one copy of this
 notice in the space provided below, and return
 to the undersigned promptly."

 At the investigation of the charges, held on October 24, 1985, the Claimant was present and represented by the Organization. The investigation was conducted in a fair and impartial manner.

 Following the investigation, the Carrier found Claimant culpable of the charges. Based upon those findings, the Carrier imposed a suspension of thirty (30) calendar days.

 Upon due consideration of all the evidence in the record, we find the evidence sufficient to support the Carrier's charge; however, we find the discipline assessed to be excessive. The thirty (30) calendar day suspension shall be reduced to a twenty (20) calendar day suspension and the Claimant shall be paid his actual time lost for the period exceeding twenty (20) calendar days. The request for interest is denied.




                          By Order of Third Division


Attest:
      Nancy J ver - Executive Secretary


Dated at Chicago, Illinois, this 15th day of January 1988.