;rc NATIONAL RAILROAD ADJUSTTT BOARD Award No. 6527
 SECOND DIVISION Docket No. 6401
 2-GTW-(X-' 73 i
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                  ( Department, A. F. of L. - C. I. 0.

-;axties to Dispute: ( (Carmen)

                    Grand Trunk Western Railroad Company


ispute: Claim of Employes:
        1. That under the provisions of the current agreement Caravan E. A. t

        Magana was improperly suspended and dismissed from service effective i

        March 7, 1972.

        2. That accordingly, carrier be ordered to restore Carman Magana to

        service with all rights unimpaired and paid for time lost, including

        Health and Welfare premiums and vacation rights plus six (6) percent

        per annum in interest on wages lost.


~irdipgs
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 I
 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.
 Parties to said dispute waived right of appearance at hearing thereon.
 This is a discipline case. The Claimant was dismissed (later amended to
 a 120 day suspension) for allegedly falsifying his time claim for the date of
 March 6, 1972. An investigation was~held in accordance with the Agreement between
 the parties the transcript of which is spread on the record in pertinent part.
 l
 The record reveals that disciplinary action was imposed when the carrier's f
 supervisory personnel were unable to locate claimant between the hours of 2:50 AM and j
 6:30 AM on March 7, 1972 for which hours the claimant filed for pay.
 An examination of the transcript of the investigation reveals that sufficient
 ?vidence was developed to substantiate the finding of the hearing officer that the
 zlaimant was not available for work during the aforementioned hours. We are not the
 f?'-hers of the evidence. Our responsibility is to determine whether substantive
 .ence of probative value sufficient to support the finding has been adduced.
 Form 1 Award No. 6527
 Page 2 Docket p~_ 6401 ~._
        Once it has been determined that the finding of the hearing officer 440

that the claimant was not available for work as alleged meets the criteria above stated
 it follows that the time claim filed for those hours was false.
 A W A R 'D

        Claim denied.


                          NATIONAL RAILROAD ADXUSTMEMT HOARD By Order of Second Division


Attest:
            Executive Secretary


Dated at Chicago, Illinois,, this 18th day of June. 1973. ~.

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