NATIONAL RAILROAD ADJUSTMENT BOARD
 Form 1 THIRD DIVISION Award No. 29807


      The Third Division consisted of the regular members and in addition Referee Robert G. Richter when award was rendered.


                  (Transportation Communications International

                  (Union

PARTIES TO DISPUTE:
                  (CSX Transportation, Inc. (formerly

                  (Chesapeake and Ohio Railway Company)


                    STATEMENT OF CLAIM: "Claim of the System Committee of the Organization (GL-10804) that:


              1. Carrier acted in an arbitrary, capricious and unjust manner when, without just cause, it assessed a 30 day actual suspension against Clerk Anna Anders on May 11, 1990.


              2. Carrier shall now be required to compensate Clerk Anna Anders for eight (8) hours each date Clerk Anders is held out of service commencing with May 14, 1990, and for each date so held out of service until she returned to work at the rate of Position OSOK-016 Balance & Code Clerk, Revenue, rate of pay $114.23 daily until June 22, 1990, inclusive."


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 employe 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.

 The claimant was a regularly assigned clerk in the Revenue Department at Baltimore, Maryland. On May 1, 1990 she was
 Form 1 Award No. 29807
 Page 2 Docket No. CL-30621
 93-3-92-3-386

 instructed to report at 9:00 a.m., May 10, 1990 for a formal
 investigation:
 "to develop the facts, and determine your
          responsibility in connection with your failure

          to properly perform your duties with respect

          to the specific dates and incidents listed..."


The Carrier listed 11 different dates from March 21, 1990, through April 27, 1990, where Claimant allegedly failed to properly perform the duties of her assignment. The Investigation was conducted as scheduled, following which the Claimant was assessed a 30-day suspension.


We have car fully examined the transcript of the Investigation. We find the Investigation was conducted in a fair and impartial manner. Claimant was present and although she declined representation, the Union was represented by the District Chairman as well as a member of the Protection Committee. All were present throughout the Investigation and were allowed to question the witnesses.


In the Investigation it was shown that Claimant failed to properly perform the duties assigned to her on the dates noted in the letter of Investigation. However, Claimant has more than 20 years service with no prior discipline on her record. Therefore, this Board finds the 30 day suspension to be excessive and will reduce such suspension to 15 days.


                        A W A R D


      Claim sustained in accordance with the Findings.


                          NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division


Y
 Attest: LZ~.t-' . · . x ..~, ,~
      Catherine Loughrin Interim Secretary to the Board


Dated at Chicago, Illinois, this 29th day of September 1993.