"Carrier violated the current working Agreement, especially Rule 12, when Trackman D. L. Shaw's personal record was assessed a 30-day suspension following a formal disciplinary investigation held on November 4, 1985.

Claimant Shaw should now, therefore, be allowed compensation for eight hours each work day, including any holidays falling therein and any overtime which would have accrued to him had he not been held out of service from November 1, 1985 through November 30, 1985 and discipline removed from his record."

The Board, after hearing upon the whole record and all evidence, finds that the parties herein are Carrier and Employee within the meaning of the Railway Labor Act, as amended, that this Board is duly constituted by Agreement dated January 5, 1959, that it has jurisdiction of the parties and the subject matter, and that the parties were given due notice of the hearing held.

Claimant was afforded a fair and impartial

The Board finds that there is substantial on the record to uphold carrier's finding that was guilty of the charged offense. The Board

however, that the punishment fits the case. Having balanced the Claimant's

and the gravity of his proven offense prior record and length of service, the that a fifteen (15) day suspension is more to the infraction involved; however,

that conduct which boarders on a serious matter which cannot be

tolerated in the work place - given the nature of railroad operations - and any future such conduct, if proven, could result in a more onerous sanction being imposed.

Arthur T. Van Wart, Chairman

and Neutral Member

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