1. The Agreement was violated when the Carrier

improperly withheld Mr. J. E. Madrigal from

service beginning January 20, 1993, which

resulted in a loss of work opportunity for

which the carrier failed to properly

compensate the Claimant (Carrier's File MWD

93-19 SPW).

2. As a consequence of the violation referred to

in Part 1 above, Claimant, J. E. Madrigal

shall be allowed seventy-two (72) hours pay at

his time and one-half rate."

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

The carrier or carriers and the employee or employees involved in this dispute are respectively carrier and employee 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.

Between January 20 and February 7, 1993, Claimant was held out of service while Carrier investigated the theft of a generator. Claimant was never charged, and an Investigation was not held on the incident. When Claimant was returned to service he was paid for all straight time work opportunities lost. The claim before this Board seeks compensation for the additional overtime work opportunities lost during that period.

The claim has merit. Carrier is not privileged to withhold an employee from service while it investigates alleged instances of misconduct, fail to charge the individual with anything, and then not pay him for the total loss incurred during the time out of service.

In this matter Carrier has constructively disciplined claimant by not paying him for all of the work opportunities missed, including the overtime opportunities he would have worked during the time that he was being withheld from service, while it was investigating the incident. Discipline may not be administered except as provided by the Agreement, after Hearing and Investigation as provided in Rule 45.

The claim has merit.

AWARD