Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28001
 THIRD DIVISION Docket No. MW-27291
 89-3-86-3-394
 The Third Division consisted of the regular members and in
 addition Referee Dana E. Eischen when award was rendered.

 (Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

 (1) The dismissal of B&B Foreman M. B. Connor for alleged falsification of time sheets on Ju (System File C-D-3035).

 (2) The claimant shall be reinstated with seniority and all other rights unimpaired, his record shall be cleared of the charge leveled against him and he shall be compensated for all wage loss suffered."

 FINDINGS:
The Third Division of the Adjustment Board upon the whole record and all the evidence, finds that:

 The carrier or carriers and the employe or employes involved in this dispute are respectively carrier and employes within the meaning of the Railway Labor Act as approved June 21, 1934.

 This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

In July 1985, Claimant was working as the Foreman of B&B Force No. 1504, a seven-member gang, working out of camp cars on the Virginia Division near Bridge 1605. On Sunday, July 21, 1985, the gang, under Claimant's supervision, worked on Bridge members away from the job site prior to the regular quitting time. When questioned, these employees indicated that Claimant had given them an early release at 3:30 P.M.

 Upon receiving the payroll records prepared by Claimant showing that the gang had worked nine hours and ten minutes, Carrier cited him for investigation into charges tha more than eight hours and fifteen minutes on July 21, 1985, and some had
 Form 1 Award No. 28001
 Page 2 Docket No. MW-27291
 89-3-86-3-394

 worked for less than eight hours. Claimant had submitted for each gang member a time slip for nine hours and fifteen minutes work that day. According to Claimant's testimony, he put in for the extra time because he had assigned the men to go back to the camp cars and clean them at the end of the day and he believed that they had d testified at the hearing stated that Claimant had issued no such instructions to work overtime but rather had released them well before the regular quitting time. Carrier obviously resolved this credibility conflict against Claimant and we find no valid basis in the record for disturbing that judgment. At the time of his offense, Claimant was on probation for having falsified time sheets only three months earlier in April 1985. In all of the circumstances of record, Carrier had just cause to terminate Claimant and his claim must be denied.




                          By Order of Third Division


Attest:
        Nancy J er - Executive Secretary


Dated at Chicago, Illinois, this 31st day of July 1989.