PUBLIC LAST BOARD N0. 3514
Case No. 117 Award No. 104

 PARTIES Brotherhood of Maintenance- of,Itay_Employe

 _ _ to and"
 DISPUTE: Consolidated Rail Corporation

 STATEMENT OF CLAIM: Appeal of Trackman A. M. Buza to have ten (10) days actual suspension removed from his record.

 FINDINGS: The Claimant was charged and found guilty, subseauent.
 to an investigation, of unauthorized absences on two days in
 January and one day in February 1985 for which he was disciplined,
 as noted above.

 The Organization, both in the record and before this Board, strongly asserts that the Claimant was blameless of any wrongdoing. It contends that his absences on the three dates charged _occurred because of circumstances beyond his. control.

 The Board finds, on the evidence before it, that certain mitigating factors were not given sufficient weight by the Carrier. Accordingly, while the Claimant did not fully fulfill his responsibilities, given mitigation and in consideration of his twelve (12) years of good service, the ten days discipline assessed is excessive under the circumstances of this record.
The claim is sustained to the extent that the ten da·rs suspension is reduced to five days.

 Car

Dated: FES 2 '7 Sc,8

Eckehard MuessiS,Y

Neutral MembeY


P.· Cassese
 Employee Member