' SECOND DIVISION Docket No. 6718




                    ( Aerospace Workers, AFL-CIO

      Parties to Dispute:


                    (

                    ( Missouri Pacific Railroad Company


      Dispute: Claim of Employes:


            1. That the Missouri Pacific Railroad Company unjustly suspended Machinist E. P. Sparr from service on December 1, 1972 for alleged falsifying of Form 25288 (time card) on November 17, 1972. .


            2. That accordingly, the Missouri Pacific Railroad Company be ordered to compensate Machinist E. P. Sparr at the pro rata rate of pay for each work day beginning December 1, 1972, until he is reinstated, in addition he receive all fringe benefits fl_o`·r*Lng to any other emplo;Te in active service including vacation rights and seniority unimpaired. In addition to the money amounts herein, the Carrier shall pay Claimant an additional amount of 6°%o per annum compounded annually on the anniversary date of the claim; also for his personal records to be cleared by letter of this discipline.


      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.


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


      Claimant, with approximately 30 years of apparently unblemished service, was charged with falsifying a time slip. Claimant was also called for investigation "to review your record of absenteeism and tardiness." After investigation and hearing, Claimant was dismissed from Carrier's service.


      After reviewing the record in dispute, the Board cannot agree with the discipline imposed. Under the particular circumstances, dimissal from service was excessive.

,, ,.. Form 1 Award No. 6916
 Page 2 Docket No. 6718
 2-MP-MA-'75

    Accordingly, Claimant shall be reinstated to service with seniority and vacation rights unimpaired, without pay for time lost and without any of the fringe benefits claimed.


                        A W A R D


        Claim disposed of per findings herein.


                                NATIONAL RAILROAD ADJUSTIENT BOARD

                                By Order of Second Division


    Attest: Executive Secretary

    National Railroad Adjustment Board


      Rosemarie Brasch - Administrative Assi Cant


    Dated at Chicago, Illinois, this 26th day of August, 1975.