PARTIES TO DISPUTE:


STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Trackman E. J. Richardson for alleged 'falsification of personal injury' was unwarranted and on the basis of unproven charges (System Locket 651).
(2) The claimant shall be reinstated with seniority and all other rights unimpaired, his record cleared aryl he shall be compensated for all wage loss suffered."
OPINION OF BOARD: Claimant was employed as a trackman, with about two years
 of service. He alleged that on August 18, 1980, he injured
 his finger while carrying splice bars. He reported the alleged injury to his
 foreman, who arranged for him to go to a hospital. X-ray at Perth Amboy General
 Hospital showed a fracture and a cast was applied to claimant's hard.
On August 27, 1980, claimant was instructed to attend a hearing and investigation on August 28, 1980, on the charge:


The investigation was conducted as scheduled, following which claimant was dismissed from service in all capacities on September 12, 1980. A copy of the transript of the investigation has been made a part of the record.
In the investigation substantial evidence was adduced by the Carrier in support of the charge. The evidence, shows that claimant actually injured his hand playing ball while off duty on August 15, 1980, following which he was x-rayed at St. James Hospital. Report from that lnpsital, made a part of the investigation record, shows that on August 16, 1980, claimant's hand was fractured, the report of the x-ray stating "There is a fracture of the neck of the fifth metacarpal with angulation." and indicates that a splint was applied to his hand.
On the record before us, there is no proper basis for the Board to interfere with the discipline imposed by the Carrier.
                      Locket Number MW-24816


        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 Carier and the Dmployes 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: Nancy J. vee Executive Secretary


        Dated at Chicago, Illinois, this 4th day of November, 1983


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