PARTIES Brotherhood of Maintenance of Way Employes
 _TO _
 DISPUTE: and
 Seaboard System Railroad
 STATEMENT 1. The five-day suspension imposed on Laborer Ralph
 OF
 CLAIM: Jones was without just and sufficient cause.
 2. Claimant's record shall be cleared of the charges
 leveled against.him and he shall be compensated
 for all wage loss suffered.
 FINDINGS: Claimant was instructed to report to an attorney
 at 8:30 a.m. on Friday, October 14, 1983, for
 the purpose of giving a deposition. He was under
 pay at the time he was to meet with the attorney,
 but did not appear at the attorney's office until
 9:30 a.m. on October 14. His tardiness adversely
 affected the attorney's preparation for the case.
 Contrary to Carrier's position, it is our view
 that claimant's failure to report on time does not constitute insub
 ordination. We would set aside the discipline in its entirety if -
 it were not for claimant's agreement to be present at 8:30 a.m.
 and his lame excuse that he simply took the time 'to have a leisurely
 breakfast with a friend. It was not proper for him to take liberties

9,q -


    with Carrier's time to the detriment of an important business appointment.


                    The suspension will be reduced to two days.


    AWARD: Suspension reduced to two days. To be effective

    within 30 days. .

    Adopted at Jacksonville, Florida,'D.Z_G, ~q~ 1985.

    A

    Harold-M. Weston, Chairman


3arrier Member Employee Membe

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