Docket No. 25 PARTIES: Broth-rhood of Maintenance of Way Employes TO DTSFUTE: Chicano and North t--festern Transportation Company

        ((l) The sixty (60) say suspension r-sses=ed B&H Carpenter .:. C. Tranbsirger sass without Just pod sufficient cause and amoessive. (0r-°niz;,t ion File 2D-3546; Carrior Filet-83-61-:J).


        (2) B&B Carpenter J. C. Tranbhrger shall have his record cleared of th15 charge end be corpensated for all wage loss suffered.


FINDING c=

 This Board, upon the ·ahrjle record and all the evidence, finds And holds that the employes and the Carrier involved, ..,re respectively emnloyes and Carrier within the meaning of the Raililay Labor Act, as amended, and that the Dohrd has jurisr?iction over the dispute herein.

 This dispute involves a sixty-day suspension asses,ed fl:-Rinst a B&.B Carpenter, wi:o was observed being off the nr^party, apparently for the purpose of a coffee break, for about thirty-fivf- (35) minutes on November 4, 19$2.

 On November 15, 1982, claimant was instructed to attend formal investigation on the charge:

          "Your responsibility for non-performance of work as assigned to =r-)u on Thurrdt)y, %'ovemher 4, 1932."


The investigation was convicted on November 29, 7982, following which claimant -,ids assessed dic;oiollne of sixty days actual suspension.

 A review of the transcript of the investigation., including claimant's statement, shows thr:t claimant and another emrloye, too'., a coffee break for some thirty or thirty-five minutes on NovFmber 4, 1982, and that coffee breaks are not allowed during assigned working hours.

 Some discipline was warranted, but certainly not a sixty day suspension for an offense of this nature. We will aw:.=rd that the discipline be reduced to thirty days suspension, and that claimant
                                              SQ,4 qoy

                                              Award No. Zl

                                              Doczet ~.~o. 2~

                                              PaFF- 2


be ^rtcl'nr p?1 time lost in e:a°^s of trir" days. with pay for time lost; to be aomoate,~ In ar,c:.ra~.^.~.n -~9±!' n,·lP 14:d).

                    A i,r a r* 11


      CC

        laim su.:t..inec: in a^co-'arne =·~S.triaciina~z.


The: y^r-ri.-r ':S C'irFCT!'T to .^...='713r with thiq AwAlrd within tiairtj dpV=7 fx'Ci- ta'.`% !'~.tn roreof.

                  ~F!t~jTmr-.57, Fa°11tnnl, NRrlber


    Co rr_ripr Mr-!7h^r' Labor tlP- e`~J r-