(Brotherhood of Railroad Signalmen 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 of dismissed /sic/ from service in all capacities on behalf of Mr. L. G. Sweigard, Maintainer C&S at Fort . Wayne, Indiana.

 OPINION OF BOARD: This dispute arose when the Carrier dismissed the
 Claimant from its service following an
 investigation into its. charge that he had presented Carrier false meal
 receipts in support of his claim for reimbursement of expenses incurred
 in Carrier's service on April 8, 9 and 10, 1975. At the investigation
 the Carrier made a showing and Claimant acknowledged that his meal
 receipts indicated the expenditure of sums different from the meal
 tickets, bearing the same serial numbers, from the restaurant's files.

 Petitioner shows that Claimant attempted to explain the discrepancies, but it could not be shown that Claimant presented any corroborating evidence or testimony. Petitioner also questions the
 competence of one of the Carrier's witnesses who was a member of a j
 police force.

 Without passing judgment upon the competence of the police officer or whether or not Claimant's explanation,of the shown discrepancies was truthful, we believe that, in the absence of support for Claimant's statements and the presence of Carrier's evidence, the Carrier had adequate reason to believe the Claimant guilty, and to administer discipline in line with the gravity of this offense and
 Claimant's past record.'
                    Docket Number SG-21855


Claimant had previously been found guilty of and disciplined for an act of dishonesty; hence, severe punishment was in order. However, we are of the opinion that suspension from service for a limited time rather than dismissal would have been the appropriate degree of discipline. We order that Claimant be forthwith reinstated in Carrier's service with all rights restored but without pay for time lost, and we point out that, with our decision in this dispute, Claimant cannot expect favorable consideration from this Board in any future case involving him in similar circumstances.

        FINDINGS: The Third Division of the Adjustment Board, 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 Board has jurisdiction over the dispute involved herein; and

                                          .. \....~E!/

        That the discipline assessed was excessive ~`<<~ ~ ~ `~,,,,_

                    r

                    A W A R D ~,--- I%~ 1~F

                                        !


        Claim sustained per Opinion and Findings.

                                            BERT


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


                                                          i

ATTEST.
        Executive Secretary


Dated at Chicago, Illinois, this 30th day of November 1977.