( Clerks, Freight Handlers, Express and Station Employes PARTIES TO DISPUTE:

STATEMENT OF CLAIM= Claim of the System Committee of the Brotherhood

1. Carrier violated the Agreement between the parties when it arbitrarily, capriciously, and with abuse of discretion, dismissed Willie Favors, Dining Car Waiter, from its services effective April 11, 1973.

 2. Carrier shall restore Willie Favors to service, clear his record of the charge, and compensate him for all wage loss suffered as a result less earnings from other employment, if any.

 Carrier Docket: ASD-40571

 OPINION OF BOARD: On April 11, 1973 Claimant Willie Favors was dis-
 missed from service following an investigation on March 29, 1973 into charges that he had violated Rules 5A and 5G, Section 1 in the Manual of Instruc Car Section. Mr. Favors had been in carrier's service some thirty-two (32) years and had only one prior incident of discipline and that was apparently in 1958 for oversleeping.

 Petitioner has advanced a number of procedural arguments regarding the conduct of the investigating record and find that albeit there was some bickering and confusion, the investigation was an the whole conducted in a fair manner and Claimant was deprived of no substantive right under the Agreement.

 We find that there was substantial evidence to support the charges against Claimant. Discipline is warranted in such circumstances but in view of Claimant's lengthy service and relatively unblemished record we conclude that dismissal is u circumstances we conclude that Claimant should be restored to service with seniority and other rights unimpaired but without pay for time lost while out of service.

 .9. -a


FINDINGS: The Third Division of the Adjustment Board, after giving the
 parties to this dispute due notice of hearing thereon, and upon the whole record and all the evidence, finds and holds:

 That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;

 That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and



        Claim sustained to the extent indicated in the Opinion and Findings.


                        NATIONAL RAILROAD ADJUSTMENT BOARD

                        By Order of Third Division


ATTEST:
        Executive Secretary


Dated at Chicago, Illinois, this 31st day of July 1975.