. -- ' PUBLIC IAW WARD M. 1925



                                          Docket No. 77-23


Parties Brotherhood of Maintenance of Way Employees
 to and
 Dispute Southern Pacific Itansportation Company
 Texas and Louisiana Lines

 Statement Claim of B of M of W E and request "that Mr. F. M. Foshee be reinstated
 of Claim: to the position of. welder. and that he be paid for all time lost, be
 g inning November 5; 1976, and continuing until such date he is reinstated
 with all seniority, vacation, insurance and other rights unimpaired. Also,
 that this charge be stricken from his record.

          Findings: The Board finds, after hearing upon the whole record and all evidence, that the parties herein are Carrier and Employee within '-,he meaning of the Railway Labor Act, as amnded, that this Board is duly constituted by Agreemont dated March 23, 1977, that it has jurisdiction of the parties and the subject matter, and that the parties were given due notice of the hearings held.


          Claia-rent, a Track Supervisor, was dismissed from Carrier's service - Novecrber 5, 1976 as a result of being charged with falsifying his expense . account as it concerned lodging expense. Claimant, upon request, was given a hearing with no resulting change in discipline therefrom.


        The Board finds no substantive procedural error to void review of this case on its marits. The record provided sufficient evidence to support Carrier's conclusion that claimant had misused his expense account. Carrier, as trier of the facts, chose to believe the testimony of its witnesses over that of Claimant. The evidence is susceptible of the conclusion drawn by Carrier. Essentially it was shown that Claimant was told to stay at a certain motel at Shreveport. He didn't. He was told -to file a receipt when staying there but one night, even though the instructions covering expense forms indicated such is necessary only when more than one night is involved, Claimant did not file any receipts. Claimant was alleged to have told the Division Engineer that he went hone to Timpson, Texas, on such nights. Claimant denied this and filed at the investigation a statement from his brother, who lived in Shreveport, that

PL 8 I Ca5
 .. ' ` -2 - Award No. 14

          Claimant stayed with him and paid him the same rates as the recommended Shreveport motels.


          The Board concludes that while Claimant had at least technically violated expense instruction, such was not wilfully perpartrated to defraud carrier. The expense instructions are vague. They, in and of themselves, lend cause to situations of this type arising. Claimant was entitled to be paid for expenses accrued on the dates specified, if accrued. The written instructions are silent on, as here, the one situation. These instructions should,be_codified to cover situations as in here. Claim ant's unblemished 21 year record, viewed in light of these other factors, impells his reinstatement to service without pay. Any reference to dishonesty, if any, on his service record should be removed therefrom.


Award: Claim disposed of as per findings.
 Order: Carrier is directed to make this Award effective within thirty (30) days
 of date of issuance shown below.

 A. J. Cunningham, En yee IM ember R. W. Hickman, Carrier Member
 r

                  Arthur T. Van Wart, Chairman and Neutral Member


issued at Falmouth, Massachusetts, September 7, 1977.