THIRD DIVISION Docket Number CL-24952


                      Eckehard Muessig, Referee


                  (Brotherhood of Railway, Airline and Steamship Clerks

    PARTIES TO DISPUTE:

                  (Southern Pacific Transportation Company (Eastern Lines)


    STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9744) that:


    (1) Carrier violated the Rules of the current Agreement between the parties when it arbitrarily and capriciously discharged Clerk H. F. Wilson, Avondale, Louisiana, from its service on May 26, 1982 without just and sufficient cause.


    (2) Carrier shall be required to expunge Claimant's records of all charges brought against him on May 26, 1982.


    (3) Carrier shall reinstate Claimant to its service with his seniority, vacation, insurance and all other employe rights restored unimpaired and compensate him for all time lost.


    OPINION OF BOARD: After investigation, the Claimant herein was found guilty

    by the Carrier of being dishonest, in that it concluded that

    he attempted to lay off sick, while he was confined to prison incarcerated.

    Additionally, the Carrier found him guilty of continued failure to protect his

    employment.


    Certainly, the Organization arguments as brought forth in the record are understood and are not without merit. However, after a review of the voluminous record before it, the Board finds it has no basis to disturb the finding of the Carrier or the resultant penalty assessed. Accordingly, the claim is denied.


" ~FV~S, The Third Division of the Adjustment Board, upon the whole record
 ' `_,,~cd all the evidence, finds and holds:
            ThAthe parties waived oral hearing;


      'That ,the Carrier and the Employes involved in this dispute are respectively .raer and,E7rloyes within the meaning of the Railway Labor Act, as approved ?2:; 313?';


    That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and


            That the Agreement was not violated.

                    Award Number 25023 Page 2

                    Docket Number CL-24952

                    A W A R D


        Claim denied.


                            NATIONAL RAILROAD ADJUSTMENT BOARD

                            By Order of Third Division


Attest:
        Nancy J. r -.Executive Secretary


Dated at Chicago, Illinois, this 26th day of September 1984.
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