(Brotherhood of Railroad Signalmen PARTIES TO DISPUTE:

STATEMENT OF CLAIM: Claims of the System Committee of the Brotherhood
 of Railroad Signalmen on the Chicago and North Western Transportation Company:

 (a) On June 22, 1973 the carrier violated the current Signalmen's Agreement in effect on the Mis North Western Transportation Company (formerly Chicago Great Western). particularly rule 62, when it dismissed signal maintainer T. H. Duffy from service without just and sufficient cause on basis of unproven charges. Also without conducting a fair and impartial investigation.

 (b) Carrier now reinstate Mr. Duffy, to his former signal maintainer's position at Des Moines, Iowa with all seniority and all other rights unimpaired, compensate him for all time lost and expenses incurred since unjustly held -4/

 OPINION OF BOARD: There is basis in the record for disciplinary
 action against the grievant. Improper utiliza
 tion of company time and improper reporting have serious ramifi
 cations.

 In view of the grievants years of service we find dismissal to be severe. Therefore we will retu service with seniority and other rights unimpaired but without back pay.



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

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



                  A W A R D


Grievant is to be returned to Carrier's service with seniority and other rights unimpaired but without back pay.

                      NATIONAL RAILROAD ADJUSTMENT BOARD

                      By Order of Third Division


ATTEST: 400 /'
 Executive Secretary

 Dated at Chicago, Illinois, this 16th day of January 1976.