Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28916
 THIRD DIVISION Docket No. CL-29121
 91-3-89-3-560
 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:
 (National Railroad Passenger Corporation (Amtrak)

(CARRIER'S FILE NO. TCU-D-2994/TCU FILE NO. 393-D8-138-R)

1. Carrier, acting arbitrarily, violated Rule 24 and other related rules of the Agreement when, by notice of November 23, 1988, it assessed discipline of termination a
2. Carrier shall now reinstate to service with seniority rights unimpaired and compensate Claima including but not limited to daily wages, overtime and holiday pay had discipline not been assessed.
3. Carrier shall now expunge the charges and discipline from Claimant's record.

 4. Carrier shall now reimburse Claimant for any amounts paid by her for medical, surgical or dental expenses to the extent that such payments would be payable by the current insurance provided by Carrier."

 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.

At the time of the incident that gave rise to this arbitration, Claimant was employed as a Reser charged as follows:
 Form 1 Award No. 28916
 Page 2 Docket No. CL-29121
 91-3-89-3-560
 "CHARGE: Violation of Rules 'D', 'F' part 1, and 'F'
 part 3 of the Amtrak Rules of Conduct in
 that on May 24, 1988 while on duty as a
 Reservation Sales Agent in the Western
 Reservation Sales Office you excessively
 placed three calls from customers on hold
 between about 9:51 AM and about 10:11 AM."

 A Hearing into the matter was held on November 16, 1988. The transcript of that Hearing has been review of the record reveals that Claimant was granted a full and fair Hearing and was afforded all rights guaranteed by Agreement. She was, as Carrier concluded, guilty of mishan Claimant's past record of performance, Carrier chose to dismiss her from service.

 This Board has carefully reviewed the record in regard to Claimant's behavior during the incidents in the charges and her past record of mishandling customer calls. Base customer service goes to the heart of Carrier's mission, we conclude that Carrier's actions were not arbitrary or capricious and that Claimant's dismissal must stand. This Bo this case. Claimant was on notice by Carrier's counseling and by arbitration involving the same infraction that she is required to properly perform her duties and pay full attention to them. She failed to do so at her own peril.




                          By Order of Third Division


Attest: ,
        Nancy J. r - Executive Secretary


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