1. The Carrier violated the Agreement when Claimant A. Vigil (1236720)

was issued a 10-day Record Suspension for violation of Rule 1.15 -

Reporting for Duty, Rules 1.6 - Conduct and Rule 1.25 - Credit or

Property, Engineering Instructions. It was claimed that Mr. Vigil

failed to report to work at designated time, while working as a

Foreman on a Switch Maintenance Gang on the Clovis Subdivision at

approximate 06:55 AM on Tuesday, July 16, 2008. The Claimant

should be paid for all wages lost and made whole. The discipline

was excessive.

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

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.

On July 25, 2008, Claimant was the principle in four Investigations. This is the first of the four.

There is no question concerning Claimant's culpability for the charges assessed. His Supervisor found him in the motel's cafe just sitting down to breakfast with other people at 6:55 AM when his assigned hours were 6:0U AM to 4:30 PM, four days a week. His starting place is the motel, but Claimant at 6:55 AM was still at the motel eating

PLB NO. 5850

Case No. 361