PARTIES TO DISPUTE:


STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Foreman A. L. Kendrick for allegedly "absenting yourself from your assignment without proper permission September 7, 9 and 10, 1982, and falsification of time sheets for the period September 4 through 10, 1982" was without just cause and an abuse of justice and discretion by the Carrier (System File C-D-1572/MG-3676).
(2) The claimant shall be reinstated with seniority and all other rights unimpaired and he shall be compensated for all wage loss suffered.


The hearing reflects that Claimant was afforded a fair and impartial hearing.
On September 7, 1982, Claimant left his assignment at 10:00 a. m. and did not return that day. Two days later, on September 9, he went out to the work location with his force, but then left at 12 noon. The next day, September 10, he telephoned his Supervisor and advised him that he would be about an hour late reporting for duty; however, he did not report to the work site until approximately 10:30 a.m. Also on September 10, he submitted time sheets for the week of September 4 through September 10, which showed that he had worked a full eight hours on September 7, 9 and 10.
The clear and comprehensive evidence presented at the investigation, including Claimant's admission, conclusively established that he was guilty of the specific charges placed against him. However, the record also shows that he attempted, although belatedly, to correct the improper time entries. Furthermore, although the record supports that Claimant exercised very poor judgment, it does not clearly establish that he intended to defraud.
The infractions for which Claimant was guilty are serious, meriting heavy discipline. However, under the circumstances of this case, the discharge penalty is excessive directs the reinstatement of Claimant without pay for time lost, but with seniority and other rights unimpaired.? .__j
                    Docket Number MW-25448


        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
        That the discipline was excessive.


                        A W A R D


        Claim sustained in accordance with opinion.


                          NATIONAL RAILROAD ADJUSTMENT BOARD

                          By Order of Third Division


        Attest Nancy J.~r - Executive Secretary


        Dated at Chicago, Illinois, this 19th day of September 1985.


.GENE D

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