(Brotherhood of Railroad Sigmalmen PARTIES TO DISPUTE:




STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood
 of Railroad Signalmen on the former Pennsylvania
 Railroad Company:


Appeal of discipline assessed W. J. &eyek - dismissed in all capacities.

 OPINION OF BOARD: Claimant, an Assistant Foreman C&S, entered Carrier's
 service in 1945, and served without any negative
 incidents on his record before the instant offense. In November 1974 he
 was charged with falsification of time cards, granted a hearing and sub
 sequently discharged on the basis of the record established at that hearing.

 The limitations on our power of review are so well established that elaborate documentation is not necessary here. In our appellate capacity we do not weigh the evidence de nova, resolve conflicts of fact or pass upon the credibility of witnesses. Nor do we substitute our judgment for that of Carrier relative to the quantum of discipline assessed when there is substantial record evidence in support of the charge, unless the discipline assessed is unreasonably disproportionate given all of the facts and circumstances.

 There is substantial evidence in this record, including Claimant's admission at the hearing, to support Carrier's assessment of discipline. But, the Claimant's 30 years of unblemished service with a special commendation -- when viewed in co the matters for which disciplined, coupled with his desire to make restitution in bill. to the Carri served its purpose, for he has been out of service since November 22, 1974. Claimant should be restored to service with seniority unimpaired but without compensation. However, he will make full restitution as promised.


        FINDINGS: The Third Division of the Adjustment Hoard, upon the whole record and all the evidence, finds and holds:


        That the parties waived oral hearing;


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 Hoard has jurisdiction over the dispute involved herein; and

 That the Agreement was violated to the extent indicated in the opinion.

                    A W A R D


        Claim sustained, discipline modified as shown in the Opinion.


                          NATIONAL RAILROAD ADJUSTMENT HOARD

                          By Order of Third Disision


ATTEST: (IGIW. &d4lwooo
 Executive Secretary

 Dated at Chicago, Illinois, this 31st day of August 1976.