Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
 THIRD DIVISION
 Award No. 37027
 Docket No. CL-37598
 04-3-02-3-739

 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:

STATEMENT OF CLAIM:













FINDINGS:

 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.
Form 1 Award No. 37027
 Page 2 Docket No. CL-37598
 04-3-02-3-739

On the day of the incident that triggered this case, Claimant Silvio Reyes was employed by the Carrier as a Ticket Agent in the Hollywood, Florida, Amtrak Station. On June 11, 2001, Marianne McClevey walked into the station and asked the Claimant for change to make a telephone call. It is alleged that the Claimant answered McClevey in a rude manner by declaring, "I am not a bank." The exchange promoted further discussion between the Claimant and McClevey. At some point, another employee became involved in the incident. Local Supervisors eventually were informed about the situation and bad conversations with McClevey. McClevey supplied a written statement concerning the event and a tape recording of a conversation that she had with Supervisor Arbucias and Safety Engineer Silverman.


At the conclusion of the Carrier's investigation of the incident, the following letter was sent to the Claimant:






















Form 1 Award No. 37027
 Page 3 Docket No. CL-37598
 04-3-02-3-739
 2. Were rude to Ms. Marianne McClevey by yelling while addressing
 her and by refusing to give her your supervisor's telephone number.
 Charge: Violation of that part of the Professional and Personal Conduct
 section of the Amtrak Standards of Excellence that reads, `Projecting a
 professional image is important in a customer-service business like ours.
 We make an impression by the way we . . . treat our customers and each
 other.'
 Violation of that part of the Professional and Personal Conduct, that part
 which reads, `On the Amtrak team, there is no place for activities or
 behaviors that compromise the safety, satisfaction, and well being of our
 customers, the public or our fellow employees. Therefore, boisterous
 conduct such as fighting, rudeness . . . is unacceptable. It is important to
 remain calm and be courteous to all customers, even those who may be
 difficult at times.'
 You may, if you desire, arrange to be accompanied by a representative as
 provided in applicable schedule agreement without expense to the
 company.
 All requests for postponement of this investigation must be bandled
 through the Hearing Officer at 617-345-7669.
 Sincerely,








The Hearing in the matter was held on August 7, 2001. As a result of that Hearing, the Claimant was found guilty as charged and assessed a five-day actual suspension. The discipline was challenged by the Organization. The claim was denied at each level of the grievance procedure and has been progressed to the Board for final resolution.
 Form I Award No. 37027
 Page 4 Docket No. CL-37598
 04-3-02-3-739

The Board reviewed the transcript of the Hearing and studied the parties' Submissions in detail. As a result of that review, the Board concluded that the Claimant was appropriately found to have acted in an unprofessional manner in his dealings with McClevey. The Board also finds that the assessment of a five-day actual suspension as a penalty for the Claimant's behavior is excessive. There were shortcomings in the Hearing process. Further, the Carrier's total reliance on the unchallenged statements of McClevey is questionable.


The Board is persuaded that the Carrier can make its point with the Claimant by inserting a stern admonishment in his record about his behavior and an explanation about the possible penalty if it is repeated. The Claimant is to be made whole for his loss of earnings.








This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) 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 18th day of May 2004.