. (Brotherhood of Railway, Airline and
 ( Steamship Clerks, Freight Handlers,
 ( Express and Station Employee
 PARTIES TO DISPUTE:
 (Chicago, Rock Island and Pacific Railroad Company
 ( (William M. Gibbons, Trustee)

1. The Agreement governing the hours of service and working conditions between the parties was violated by the Carrier, especially Rules 43 and 44 at Chicago, Illinois on January 4, 1974, in the treatment accorded Clerks M. C. Rogulich and G. E. Gustafson in dismissing them from service, and

 2. Clerks M. C. Rogulich and G. E. Gustafson were not -5ailty and were not proven guilty of alleged violation of Carrier Rules ;b), (d) and (n) of their G-147 revised, about 7:45 A.M., December 28, 1973, and

 3. That M. C. Rogulich and G. E. Gustafson shall be restored to service with all rights unimpaired and compensated for all monetary loss sustained beginning January 4, 1974, and subsequent thereto until restored to service.

 OPINION OF BOARD: This is a discipline case involving two clerks who
 were dismissed January 4, 1974, following investigation,
 one for permitting an unauthorized person to use his commuter pass and the
 other for being in the comer of the unauthorized user of the pass without
 reporting the fraudulent use thereof.

 Using a pass illegally or obtaining one by falsehood are serious offenses which could under certain circumstances be sufficient cause for permanent dismissal. The failure to report improper use of a pass is also an offense which warrants discipline. Recognizing this the Board cannot interfere with the judgment of the Carrier in assessing discipline unless the discipline is arbitrary or unreasonable in amount. The record shows that the Carrier after consideration of the record and the fact that both Claimants had five (5) yea's of service, offered reinstatement on a leniency basis to both. It is the opinion of the Board that the purpose of the discipline assessed against ea be given reinstatement within 45 days of the date of this order on a leniency basis, with seniority rights and vacation rights unimpaired, without pay for time lost whil


        FI1U)INGS: 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 is 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

        The discipline was not excessive.


                    A W A R D


Claimants be offered within forty-five (45) days of the date of this order reinstatement, with seniority rights and vacation rights unimpaired, without pay for time
                          NATIONAL RAIIRQAD ADJUSTMENT BOARD

                          By Order of Third Division


        ATTEST:~ FScecutive Secretary


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


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