1. The Carrier violated the Agreement when Claimant, S. P. Fisher, was

assessed a 20-day record suspension on June 5, 2006 for a violation

of Maintenance of Way Operating Rules 1.4-Carrying Out Rules and

Reporting Violations, 1.6-Conduct, and 1.13-Reporting A Complying

with instructions when Claimant claimed unauthorized vacation pay

for January 13, 20416; and

2. As a consequence of the violation referred to In part 1 the Carrier

shall immediately return the Claimant to service with seniority,

vacation and all other rights unimpaired, remove any mention of this

Incident from Claimant's personal record, and make Cfamant whole

for all time lost commencing March 7, 2006.

Upon the whole record and all the evidence, the Board finds that the parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended. Further, the Board is duly constituted by Agreement, has jurisdiction of the Parties and of the subject matter, and the Parties to this dispute were given due notice of the hearing thereon.

The Claimant in this case Is the same Claimant In Award 308. The day of March 13 was part of that procedure as he was off 3 days that were not authorized. In this case, even though the 136' should have been listed as unauthorized, Claimant's Supervisor who reviews the payroll, found Claimant claimed a floating vacation day. It

Case No. 309

was unauthorized.
When the improper claim wag noted by the Supervisor, an Investigation was convened after which the Carrier issued discipline of a 10-day record suspension.
There Is nothing for this Board to ponder. Claimant was not authorized to claim a floating vacation day.
Claimant's defense was that several days prior to the le he was authorized to claim one day as a floating vacation day, but not on the 13'". Apparently, Carrier accepted Claimant's Story of incorrectly marking the 13°" as a floating vacation day as the discipline levied is very light.

AWARD

Claim denied.

This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Clalmant(ss not be made.

Robert L. Hicks, Chairman d. Neutral Member

/ L.

David D. Tanner, For the Employees Samantha Rogers, For the ler

Dated: