NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Eckehard Muessig, Referee
Award Number 25024
 Docket Number CL-24983
(Brotherhood of Railway, Airline and Steamship Clerks,

PARTIES TO DISPUTE:




1. Carrier violated the Agreement Rules, particularly Rule 21, when under date of October 28, 1981, it dismissed from service Mrs. P. G. Rosenwinkel, Clerk at LuVerne, Iowa account of investigation held on October 22, 1981, and,
2. Carrier shall be required to return Mrs. P. G. Rosenwinkel with all all rights unimpaired, and compensate her for all losses sustained to include fringe benefits, commencing October 28, 1981, and continuing until the violation is corrected.
OPINION OF BOARD: As a result of the an investigation, the Claimant was advised
 by notice dated October 28, 1981, that she was dismissed
 for submitting falsified documents covering lodging and meals.
The Board finds sufficient evidence to support the Carrier's charge. However, in view of certain factors and circumstances of a mitigating nature, having an effect upon the key issues presented in this dispute, we consider permanent dismissal to be too severe. Accordingly, the Claimant will be restored to service with seniority rights unimpaired, but without any compensation for time lost while out of service.


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
That the discipline was excessive.
I 1 1, " (
 Award Number 25024
 Docket Number CL-24983
A W A R D
Claim sustained in accordance with the Opinion.
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NATIONAL RAILROAD ADJUSTMENT BOARD

By Order of Third Division


ATTEST:

Dated at Chicago, Illinois, this 26th day of September 1984.
NOV 5 1984

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