PARTIES Brotherhood of Maintenance of Way Employees
 TU
    -

DISPUTE: and
 Seaboard System Railroad (I. & N RR)
 STATEMENT The dismissal of Jack Ford was without just cause
 OF
 CLAM: and he should be reinstated with seniority and
 other rights unimpaired and compensated for wage
 loss. .
 FINDINGS: Claimant, a Section Gang Foreman, was dismissed
 for reporting time made by him on July 2, 1982,
 although'he was absent from duty on that date.
 It is undisputed that he completed a time report
 for his gang and himself that showed he had worked eight straight
 time hours on July 2. That he was in fact absent that day is equally
 clear. Ordinarily these facts could provide a valid basis for dis
 missal.
 In the circumstances of the present case, however,
 we are not satisfied that claimant intended to deceive Carrier or
 was dishonest. After all, he had notified Yardmaster Cole that he
 would be absent on July 2.
 In view of claimant's serfious error, we cannot
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      validly set aside Carrier's decision to impose substantial discipline in this situation. Carrier must be able to rely on the integrity of time reports particularly for crews that work alone.

      We will, however, direct Carrier to reinstate claimant immediately with seniority rights unimpaired.


AWARD: Claimant reinstated with seniority rights unim
 paired but without back pay.
 Adopted at Jacksonville, Florida, j6,-udbvvv ~~ 1984.
 Harold M. eston, airman

 Employe Member

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