1. That the Carrier's decision to Issue a Lever 2 Suspension for ten (10)

days from service was unjust.

2. That the Carrier now rescind their decision and expunge all discipline,

and transcripts and pay for all wage loss as a result of an Investigation

held 8:00 a.m. September 16, 1998 continuing forward and/or otherwise

made whole, because the Carrier did not introduce substantial, credible

evidence that proved that the Claimant violated the rules enumerated in

their decision, and even if the Claimant violated the rules enumerated in

the decision, suspension from service is extreme and harsh discipline

under the circumstances.

3. That the Carrier violated the Agreement particularly but not limited to

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 jurisdictlon of the Parties and of the subject matter, and the Parties to this dispute were given due notice of the hearing thereon.

The Board finds there Is no controversy, His alibi of why he did not work is not of sufficient worth to sway this Board to reduce the discipline assessed. It is as though Claimant determined upon his arrival at the motel that he would be too tired In the AM to work. It is further evident by Claimant's negligence in failing to notify either of his Supervisors, that Claimant Is not impressed with the necessity to do so,

Discipline is assessed for two reasons. One is an effort to Impress Claimant with the need to comply with the rules. If he falls to understand that need, the discipline for relatively minor Infractions Is Increased until the Individual could face the ultimate - dismissal in all categories, for an offense that would, perhaps, warrant only a reprimand In the first instance. Claimant has already been assessed a formal reprimand for relatively the same issue as here concerned.

The discipline Is appropriate under the circumstances.

AWARD