(Brotherhood of Railway, Airline and
 ( Steamship Clerks, Freight Handlers,
 ( Express and Station Employes
 PARTIES TO DISPUTE:
 (The Alabama Great Southern Railroad
 ( Compam·

Carrier violated the agreement on July 11, 1972 when it unjustly dismissed Claimant J. E. Hays, Agent-Telegrapher, Phoenixville, Alabama, from their service.

 For this violation, the Carrier shall restore Claimant Hays to their service with seniority and other rights unimpaired and pay him for all time and/or benefits lost, beginning Wednesday, July 12, 1972.

 OPINION OF BOARD: On July 11, 1972, Mr. James E. Hays, Claimant, was
 dismissed from Carrier's Service for conduct un
 becoming an employe, unauthorized use of the telephone, performing acts
 detrimental to the proper performance of his duties in making nuisance
 telephone calls to the home of his supervisor during 1972. Mr. Hays was
 restored to service effective October 10, 1972 on a leniency basis without
 pay loss for time but with his seniority rights unimpaired.

 Prior to the dismissal of the Claimant, an investigation was held at which Mr. Hays was represented. Subsequent to the hearing the Claimant was judged by the Carrier as guilty as charged and was dismissed.

 The Organization alleges that the Claimant was not afforded a fair and impartial investigation in accordance with Rule 29 of the effective agreement, but there is nothing in the record to sustain arbitrary or capricious charges of bad faith. It is the belief of this Hoard that no substantial procedural rights of the Claimant were violated.

 After a complete review of the record, it would appear that there is sufficient evidence to support the discipline, and this Board sees no reason to disturb it.

 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

        That the Agreement was not violated.


                    A W A R D


        Claim denied.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


ATTEST: a- Alt 00A"40-y"O'e
        Executive Secretary


Dated at Chicago, I113nois, this 18th day of February 1977.

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