( Department, A. F. of L. - C. I. 0.

    Parties to Dispute: ( (Electrical Workers)


                    ( Southern Pacific Transportation Company (Pacific Lines;)


    Dispute: Claim of Employes:


            1. That under the current Agreement, Maintenance of Way Department I

              Electrician James T. Estes was unjustly treated when he was dis

              missed from service on March 31, 1977., following investigation,

              for alleged violation of Rule 801 of the General Rules and Regu

              lations of the Maintenance of Way and Structures, of the Southern

              Pacific Transportation Company on December 14, 1970.

              i


            2. That accordingly, the Carrier be ordered to:


                                                                1

( (a) Restore the aforesaid employee to service, with all
                  service and seniority rights unimpaired and compensate

                  him for all time lost.


              (b) Reinstate all vacation rights for the aforesaid employee.

              4 (c) Pay Southern Pacific Errsployees Hospital contributions, including dependents' hospital, surgical, medical and death benefit premiums for all time that the aforesaid employee is held out of service.


    Findings:


    The Second Division of the Adjustment Board, upon the whole record and all the evidence, finds that: .


    The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employe within the meaning of the Railway Labor Act as approved June 21, 1934.


    This Division of the Adjustment Board has jurisdiction over the dispute: involved herein.

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          Parties to said dispute waived right of appearance at hearing thereon.

Form 1 Award No, 6448
 Page 2 DocketNo.

 Claimant admitted taking tints off from work for personal business without securing permission from his superiors or even notifying same of the need to do so. He had adequate notice of being obligated to appear as a witness in a law suit unrelated to his employment and had sufficient opportunity to advise his supervisor thereof. He admittedly gave false information that he was on duty, When in fact be was not, and accepted payment for the time he was not at work.
          . i


Petitioner alleges that there was an accepted practice for employes headquartered at outlying points to trade time for time. This was not supported by any probative proof. In addition no evidence was submitted that claimant, subsequent to the admittedly improper conduct, did in fact make up the ties he took off, although he remained in Carrier's employ for three months before his offense was discovered.

 By Petitioner's own statemeent "trading of time is a violation of the controlling agreement and not condoned by the employes labor organization ...". Carrier denied that the practice exists.

        This Board has repeatedly refused to interfere with the determination

of employers as to discipline assessed for proven infractions unless same is j
 clearly excessive and unreasonable. The record herein does not afford an affirmative
 finding.

                          A WA R D


        Claim Denied.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Second Division


Attest:
        Executive Secretary


Dated a t Chicago, Illinois, this 16th day of February, 1973.