Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 101'76
 SECOND DIVISION Docket No. 963:2
 2-CR-FO-184
 The Second Division consisted of the regular members and
 in addition Referee Ida Klaus when award was rendered.
 ( International Brotherhood of Firemen and Oilers
 Parties to Dispute:
 ( Consolidated Rail Corporation
Dispute: Claim of Employes:
1. That, in violation of the current agreement, Laborer Gilbert Davis was
 unjustly dismissed from service of the Carrier. following trial held in
 absentia on November 21, 1980. '
 2. That, accordingly, the Carrier be ordered to make the aforementioned
 . Gilbert Davis whole by restoring him to Carrier's service, with
 seniority rights unimpaired, made whole for all vacation rights,
 holidays, sick leave benefits, and all other benefits that are a
 condition of employment unimpaired, ,and compensated for all lost time
 plus ten [10%J percent interest annually on all lost wages, also
 reimbursement for all losses sustained account of coverage under health
 and welfare and life insurance agreements during the time he has been
 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 employes 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.


Following a hearing, the Claimant was found guilty of falsification of time card and dismissed from service.
The facts are uncontroverted. The Claimant, a Laborer, reported to work one hour and 45 minutes late on November 14, 1980, but submitted a time card for his full shift.
The hearing was scheduled for November 21, 1980. The Claimant was notif=ied on November 15; but did not appear. The hearing was held in his absence.
The organization contends that the penalty of dismissal was unjust and it further asserts that the Carrier was arbitrary in denying the Claimant's request for postponement of the hearing.
 Form 1 Award No. 10176
Page 2 Docket No. 9632
 2-CR-FO-184
The record reflects that the Claimant's request for postponement was made only two hours prior to the scheduled commencement of the hearing and without an adequate excuse.
The Board finds the Carrier in no way arbitrary in denying postponement of the hearing and wholly reasonable in its finding of guilt and imposition of discipline. .
Dishonesty by an employe in any form may constitute ground for dismissal. Such discipline is warranted, as in the case here, when an employe falsely claims unearned compensation. No mitigating factors whatever are present here. The Claimant was a relatively new employe of 16 months and had already received five disciplinary notations on his record.





                            By Order of Second Division


Attest:
        Nancy ever - Executive Secretary


Dated at Chicago, Illinois, this 9th day of January 1985.