Form 1
PARTIES TO DISPUTE:

 STATEMENT OF CLAIM:

 NATIONAL RAILROAD ADJUSTMENT BOARD
 THIRD DIVISION

 Award No. 33413
 Docket No. CL-34544
 99-3-98-3-56

 The Third Division consisted of the regular members and in addition Referee Elizabeth C. Wesman when award was rendered.

 (Transportation Communications International Union

 (National Railroad Passenger Corporation (Amtrak)

 "Claim of the System Committee of the Organization (GL-11925) that:

 1. Carrier acted in an arbitrary, capricious and unjust manner in violation of Rule



2. Carrier shall now expunge the charges and discipline from Claimant's work

3. Carrier shall compensate Claimant for any and all loss of pay as a result of the

FINDINGS:

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


herein.

 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

 Parties to said dispute were given due notice of hearing thereon.
 Form 1 Page 2

 Award No. 33413
 Docket No. CL-34544
 99-3-98-3-56

 Having carefully reviewed the record, on balance we find the Organization argument persuasive. The Carrier did not successfully meet its burden of persuasion. Therefore, no discipline is appropriate.

 AWARD
Claim sustained.

 ORDER
This Board, after consideration of the dispute identified above, hereby orders than an award favorable to the Claimants) be made. The Carrier is ordered to make the Award effective on or before 30 days following the postmark date the Award is transmitted to the parties.

 NATIONAL RAILROAD ADJUSTMENT BOARD
 By Order of Third Division

 Dated at Chicago, Illinois, this 13th day of July 1999.