Third Division Award No. 22160 (Weiss) 

"The record indicates that several of the claimants independently approached the acting Foreman to ask permission to leave because of the rainfall. The record also indicates that a half hour elapsed between the time Schroeder first asked permission to leave and the time he and several of the other claimants left their jobs, and that another claimant left his job about one hour after Schroeder made his request. Taken together, these events do not support Carrier's contention that Schroeder was a ringleader.

"We are of the opinion that Carrier has not made a case for assessing a 30 day suspension on Claimant Schroeder while imposing a 7 day suspension on the other claimants. This Board finds that Schroeder's 30 day suspension was excessive and that suspension should be for the same period as meted out to the other claimants; i.e., 7 days."

Second Division Award No. 6196 (Quinn)

"This Board does not presume to substitute its judgment for that of a Carrier and reverse or modify Carrier's disciplinary decision unless the Carrier is shown to have acted in an unreasonable, arbitrary, capricious, or discriminatory manner, amounting to abuse of discretion. A Carrier's disciplinary decision is unreasonable, arbitrary, capricious or discriminatory when the Carrier does not apply and enforce the rules with reasonable uniformity for all employes; when rule violation by an accused employe is not established by substantial evidence; when a timely hearing after notice on specific charges is not held in accordance with the provisions of the parties' agreement; when the accused is not allowed to have representation, to testify, and, if he wishes, to have other witnesses in his behalf; when the Carrier's managerial representative acts as chief witness as well as interrogator and judge (obviously it is permissible for said representative to act as interrogator and judge); or when the degree of discipline is not reasonably related to the seriousness of the proven offense."

Third Division Award No. 8431 (Daugherty)

"In the long series of awards on discipline cases since the inception of this Board, the following principles have been developed and applied: (1) A carrier has the right to discipline an employe for just cause, including mainly violation of Carrier rules. (2) the Board will not presume to substitute its judgment for that of a Carrier and reverse or modify Carrier's disciplinary decision unless the Carrier is shown to have acted in an unreasonable, arbitrary, capricious, or discriminatory manner, amount to abuse of discretion. (3) A Carrier's disciplinary decision is unreasonable, arbitrary, capricious, or discriminatory when (a) the Carrier's rule or rules violated were not reasonably related to the orderly and efficient operation of Carrier's business; (b) given reasonable rules, the employes were not given reasonable opportunity to become acquainted therewith; (c) the Carrier did not make clear the consequence of disobedience or disregard of the rules; (d) the Carrier did not apply and enforce the rules with reasonable uniformity for all employes..."