Carrier File No. 2-1~]G-1575

Parties Brotherhood of Maintenance of Way Employees
 to and
 Dispute Baltimore & Ohio Railroad Company

 Statarnnt Claim filed on behalf of Carpenter Foreman M. M. Kryniski, Buffalo Division,
 of Claim: for ramval of discipline of ten (10) days' overhead suspension administered
 to if=. Fryniski. folla~,Ting a hearing held on February 12, 1976 on charges of
 being absent from duty and engaging a substitute to perform his duties without
 permission fran his supervisor on January 21, 22, 23, 26 and 27, 1976.

 Findings: Tne Board finds, after hearing upon the whole record and all evidence,
 that the parties herein are Carrier and Employee within the mea ning of
 the Railway Labor Act, as amended, that this Board is duly constituted
 by Agreement dated October 27, 1976, that it has jurisdiction of the
 parties and the subject matter, and that the parties were given due
 notice of the hearings held.
 Claimant, a Carpenter Foreman with 31 years service, was given a ten (10)
 days overhead suspension as discipline for going on a one week vacation
 and engaging another carpenter to substitute as a Foreman for him.
 9he Board finds that while Carrier was correct in its administration
 of Rule 804, Claimant, in following a practice, had unintentionally
 technically violated the Rule. Yet, holding a narrow view of the facts
 in this case causes a majority of the Board to conclude, that Hihile the
 investigation had served a good purpose because it brought to light a
 bad practice, a continuance of the discipline imposed would be an abuse
 of discretion. Consequently, we find that the discipline be nova expunged
 from Claimant's personal record and that the practice followed by Claimant,
 and others, be stopped at once.

 Award: Claim disposed of as per findings.

 Order: Carrier is directed to make this Award effective within thirty (30) days
 of date of issuanc/e shaom below.

      / .fiW~.~J` f t~

A. J. Cumrungham, Employ- Member L. W. Burks Carrier Manber

Ai? ur T. Van Wart, Cha in

and Neutral Mtanber


Issued at Atlanta, Georgia, June 9, 19'77..