(Brotherhood of Railway, Airline and Steamship Clerks, ( Freight Handlers, Express and Station Exployes PARTIES TO DISPUTE: (The Denver and Rio Grande Railroad Company

1. Carrier acted in an arbitrary and unjust manner, violating Rule 21 and other related rules of the Agreement, when it dismissed Mr. C. L. Susemihl from service effective February 27, 1984, following an investigation held on February 21, 1984.

 2. Carrier shall now be required to return Mr. C. L. Susemihl to service, clearing his record of time lost, beginning February 27, 1984, and continuing until corrected."

 OPINION OF BOARD: Claimant was a clerical employee of the Carrier headquar
 tered at Grand Junction, Colorado. Claimant was brought to
 Denver, Colorado, to train for a position in a newly created Centralized Crew
 Dispatching office at Carrier's General Office Building. Nfiile training in
 Denver, Claimant was on an Expense Account. On February 15, 1984, shortly
 after his return to Grand Junction, Claimant was notified to appear at an In
 vestigation on charges that he had falsified his Expense Reports while in Den
 ver from January 23 through 26, 1984. The Investigation was conducted on Feb
 ruary 21, 1984; as a result of the Investigation, Claimant was dismissed from
 service. The organization then filed a Claim on Claimant's behalf, challeng
 ing his dismissal.
it finds that the record does not contain sufficient evidence to sustain the
 charge that the Claimant was guilty of dishonesty when he submitted receipts
 for reimbursement and double-billed in the amount of $29.11 in meal costs on
 an Expense Report. Although the Claimant had filed Expense Reports before and
 was familiar with the procedure, there is still insufficient evidence that he
 knowingly double-billed the $29.11 in order to obtain additional monies from
 the Carrier. Although this Board will not second-guess a Hearing Officer, Wk -
 cannot allow Findings that are not based on sufficient evidence. In this
 case, although it is clear the Claimant received an additional $29.11, it is
 not at all clear that he was dishonest or knowingly attempted to obtain the
 funds. Hence, the Findings of the Hearing officer was unreasonable, and we
 must set it aside.
                      Docket Number CL-26173


        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 Agreement was violated.


                        A W A R D


        Claim sustained.


                              NATIONAL RAILROAD ADJUSTMENT BOARD

                              By order of Third Division


Attest:
        Nancy J.r - Executive Secretary


Dated at Chicago, Illinois this 24th day of November 1986.