Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28913
 THIRD DIVISION Docket No. CL-29084
 91-3-90-3-61
 The Third Division consisted of the regular members and in
 addition Referee Rodney E. Dennis when award was rendered.
 (Transportation Communications International Union
 PARTIES TO DISPUTE:
 (Portland Terminal Railroad Company

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

(1) Restore Mr. F. S. Schmitz to service of the Carrier with all seniority, vacation and other rights unimpaired.

 (2) Pay Mr. F. S. Schmdtz for all time lost commencing on April 22, 1989, and continuing for each and every day until Mr. Schmitz is returned to the service of the Carrier.

 (3) Pay Mr. Schmitz any amount he incurred for medical or surgical expenses for himself or his dependents to the extent such payments could have been paid by Travelers Insurance Company under Group Policy No. GA-23000 and, in the event of the death of Mr. Schmitz, pay his estate the amount of life insurance provided for under said policy. In addition, reimburse him for premium payments he may have made in the purchase of suitable health, welfare and life insurance."

 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.

 Parties to said dispute waived right of appearance at hearing thereon.

 On March 8, 1989, Claimant was working out of the Yard Office. As a part of his duties on that day, he was to drive a Carrier vehicle throughout the yard, checking on cars and verifying tracks. While driving the vehicle, a tire went flat. Claimant drove the truck back to the Yard Office, fully aware that the tire was flat. The tire was ruined.
 Form 1 Award No. 28913
 Page 2 Docket No. CL-29084
 91-3-90-3-61
 On March 28, 1989, Claimant was charged as follows:
 "Precise charges being that while you were employed
 as a clerk on Job 455 at Portland Terminal Railroad
 Company from 3:00 p.m. to 11:00 p.m. on Wednesday,
 March 8, 1989, you were allegedly insubordinate by
 your refusal to change a flat tire, as instructed
 by the General Yardmaster, on Company Truck #60,
 which you were operating in conjunction with your
 duties on Job 455. During this same tour of duty
 you also allegedly failed to perform your duties in
 a safe manner and allegedly endangered yourself and
 company property by driving this same vehicle, ful
 ly aware that it had a flat tire. By your operat
 ing this vehicle with knowledge of the defect, you
 allegedly failed to abide by rules requiring that
 defective equipment be put in safe condition or
 taken out of service and furthermore, your actions
 resulted in destruction of company property as the
 tire was damaged beyond repair. Additionally, you
 allegedly failed to enter required information in
 the Clerk's Log Book pertaining to your operation
 of this vehicle on March 8, 1989."
 A Hearing into the matter was held on April 5, 1989. As a result of
 that Hearing, Claimant was found guilty as charged and dismissed from Car
 rier's service effective April 22, 1989. On September 12, 1989, the parties
 agreed to return Claimant to service. On October 1, 1989, Claimant was
 awarded a disability annuity. Claimant's lost wages between April 22, 1989,
 and September 12, 1989, are at issue before this Board.

 The Board has reviewed the Hearing transcript, together with the other documents presented in the record. That review reveals that while Claimant was guilty as charged, there were sufficient mitigating circumstances so that a sixty-day suspension would have been warranted. This level of discipline would have been s well as other employees, and make the point that further such action would not be tolerated. The discipline imposed is to be reduced to a sixty-calendar day suspension. Claimant is to be made whole for lost monies.


Form 1 Award No. 28913
 Page 3 Docket No. CL-29084
 91-3-90-3-61


Attest:' ,
 Nancy J er - Executive Secretary

 Dated at Chicago, Illinois, this 29th day of August 1991.