Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28741
 THIRD DIVISION Docket No. CL-28941
 91-3-89-3-349
 The Third Division consisted of the regular members and in
 addition Referee Barry E. Simon when award was rendered.
 (Transportation Communications International Union
 PARTIES TO DISPUTE:
 (National Railroad Passenger Corporation (Amtrak)

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

1. The Carrier violated the provision of Rule 24(a) when it held Mr. B. F. Yore from service pending a disciplinary investigation.

 2. The Carrier further acted in an arbitrary, capricious and unjust manner and in violation of R December 8, 1986, it assessed as discipline a thirty (30) day suspension against Chicago Train Director, Mr. B. F. Yore.

 3. The Carrier shall now be immediately required to compensate Mr. Yore an amount equal to what he could have earned, including but not limited to daily wages, overtime and holiday pay had he not been suspended as mentioned above.

 4. The Carrier shall now be immediately required to clear Mr. Yore's record of the charges made against him in this matter and restore all his rights, privileges and seniority unimpaired."

 FINDINGS:
The Third Division of the Adjustment Bamd 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 $oard has jurisdiction over the dispute involved herein.

Following a Hearing, Claimant was assessed a thirty (30) day suspension for leaving his assignme relief. At the end of his shift, Claimant stopped working, thereby halting train operations through the territory under his direction. He told the Yardmaster on duty that he c Service Law, even though he apparently knew he could work for one additional hour under the Law.
 Form 1 Award No. 28741
 Page 2 Docket No. CL-28941
 91-3-89-3-349

 The situation between Claimant and his supervisors quickly got out of hand, probably because of the sensed urgency to move trains. While the record supports the assessment of some discipline for Claimant's failure to continue working, we find there were mitigating circumstances which justify a lesser penalty. These include the overreaction of the supervisors as well as Claimant's showing of remorse direct that the discipline be reduced to a ten (10) day suspension and Claimant be compensated for t





                          By Order of Third Division


Attest:
      Nancy J.IWer - Executive Secretary


Dated at Chicago, Illinois, this 28th day of March 1991.