Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
 THIRD DIVISION
 Award No. 31722
 Docket No. MW-31930
 96-3-94-3-261

 The Third Division consisted of the regular members and in addition Referee Martin H. Malin when award was rendered.

PARTIES TO DISPUTE:

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


      1. The dismissal of Mr. R Lerch for alleged violation of the

        CRANDIC Reporting Policy and provisions of CRANDIC Safety

        Manual Rules 607 and 617, in connection with the charges leveled

        against him on May 21, 1993, was arbitrary, on the basis of

        unproven charges and in violation of the Agreement.


      2. As a consequence of the violation referred to in Part (1) above, the

        Claimant shall be reinstated to service with all rights unimpaired,

        his record shall be cleared of the charges 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 employee or employees involved in this dispute are respectively carrier and employee 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.

    Parties to said dispute were given due notice of hearing thereon.

Form I Award No. 31722
 Page 2 Docket No. BMW-31930
 96-3-94-3-261

Claimant was dismissed for alleged violations of Safety Rules 607 and 617. After careful review of the record and consideration of all of the particular facts and circumstances, the Board concludes that this dispute should be resolved by affording the Claimant a last chance to demonstrate that he can be a productive employee who abides by all rules and regulations. Accordingly, Claimant shall be reinstated on a last chance basis with seniority unimpaired, but without any backpay or other monetary compensation.


                        AWARD


    Claim sustained in accordance with the Findings.


                        ORDER


This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) be made. The Carrier is ordered to make the .award effective on or before 30 days following the postmark date the .Award is transmitted to the parties.


                        NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division


                        Dated at Chicago, Illinois, this 25th day of September 1996.