(The Cincinnati. Near Orleans and Teas Pacific Railvay Company PARTIES 1O DIVE: (Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Jmployes

 STATE CF CLAM: Carrier did not violate the agreement with the Brotherhood
 of Railway, 7TFline and Steamship Clerks as alleged, when it
 dismissed Ms. Virginia Andrews, E-6 Line of Road Extra Board Employee, Cincinnati.
 Ohio, frost the service of the carrier for cause on March 16, 1979.
Since the agreement vas not violated, Me. Andrews is not entitled to restoration to service with all rights unimpaired, and compensation for all time lost, beginning March 2, 19(9, and continuing until such restoration has been accomplished, as claimed in her behalf by the Clerks' Organization.

The record shows that Ms. Virginia Andrews vas a Line of Road Extra Board Clerk on Carrier's Kentucky Division, and resided in Cincinnati, Ohio. Her seniority date vas April 10, 1975:
On February 26, 1979, Ms. Andrews vas instructed to attend an investigation at 10:00 A.M., Friday, March 2, 1979:














Ms. Andrews did not appear at the investigation scheduled for March 2, 1979, did not contact the officer who preferred the charge as to why she would not be present, nor did she request postponement. We consider that she was acting at her peril in this respect. However, at the request of the Local Chairman of the Organization, the investigation was rescheduled for 10:00 A.M.,JJlarch 13, 1979, by letter dated March 2, 1978, at which time she was also advised that she was being held out of service pending the investigation.

 Ms. Andrews appeared for the second investigation, held on March 13, 1979, a transcript of which has been made a part of the record. During the course of the investigation she admitted that she had placed the calls from her home telephone and charged them to the Carrier without authority or approval from a Carrier officer. In the investigation it was developed that two of the long distance calls were made to the headquarters of the Organization and two were made to the headquarters of the Railroad Retirement Board in Chicago, Illinois. The calls to Atlanta related to time claims that Ms. Andrews had pending against the Carrier, and the calls to the Railroad Retirement Board related which allegedly had not been paid to Ms. Andrews in a timely fashion.

 The Hoard finds that all of the calls were of a personal nature, and did not concern the business of the Crier. Any implied interrelationship between the Carrier and
The evidence is conclusive that Ms. Andrews was guilty of the charge against her. The charging of personal telephone calls against the Carrier constituted fraud. The record also shows that her prior work record had been far from satisfactory. She had previously been suspended on four occasions and cautioned on four occasions, The Carrier's action in dismissing her from the service was not arbitrary, capricious or in bad faith. We consider the circumstances in this case to be entirely different from those involved in Award 21566. The claim of the Carrier will be sustained.

 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 Eaployes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved Tune 21, 1934;
                    Docket Number CL-231TT


That this Division of the Adjustment Hoard has Jurisdiction over the dispute involved herein; and

        That the Agreement pas not violated.


                      A W A R D


        That the dismissal of ms. Virginia Andrews is upheld.


                        NATIONAL RAILROAD AATUSTMT BOARD

                        By order of Third Division


ATTEST:
      Mcecutive Secretary


Dated at fbicagoo Illinois, this 15th day of April 1981.