Docket No. MI 81-17

                                  NV 80-113


        Parties Brotherhood of Maintenance of Way Mnplayes and


            Dispute Southern Pacific Transportation Company (Texas and Louisiana Lines)


Statement 1. Carrier violated the effective Agreement when ISachine
 of Operator Spurgeon Centers was unjustly dismissed on Novge-ber
 claim 5, 1980.

        2. Claimant Centers shall now be reinstated to his former position with pay for all time lost, vacation, seniority and all other rights unimpaired due to his being unjustly dismissed; and that this charge be stricken from his record.


Findings The Board, after hearing upon the whole record and all evidence, finds that the parties herein are Cagier and Employee, within the meaning of the Railway labor Act, as amended, that this Board is duly constituted by- Agreement dated July 19, 1979, that it has jurisdiction of the parties and the-subject matter, and that the parties were given due notice of the hearing held.

Claimant, a lxiachine Operator, was advised under date of November 5, 1980, that he had been dismissed from service because:


        "On October 31, 1980 you performed service for the Southern Pacific Transportation Ccmpany Iran 7:00 a.m. to 12:00 noon for a total of five hours. You made the timero7.1 for that day indicating you had worked eight hours. Falsification of timeroll is in violation of Rule 801 of the General Rules and Regulations of the Southern Pacific Transportation cc..."


    Claimant asked for and was granted a hearing which was held on

                      Page 2 ·-7yyf -- Award No. 49


December 16, 1980. As a result thereof he was advised that the original decision was upheld.

        Rule 801 reads: "Employees will not be retained in the service who are ... dishonest,..."


The Board finds that Claimant was accorded the due process to which entitled under his discipline rule. ,

 There was sufficient evidence adduced to support the conclusion reached by Carrier as to Claimant's guilt. Claimant alleged that he had permission to be off from his Foreman but this was unsubstantiated in the transcript. Irrespective thereof, Claimant further alleged that he came back at 2:40 PM and that he hung around the office for twenty minutes. This allegation also remained upsupported.

 In view of mitigiating circumstances, Claimant shall be reinstated to service
 with all rights unimpaired but without any monies for time out of service, subject
 to the following: Claimant will be placed in a probationary, status for a one (1)
 year period; he must pass the necessary return to service examinations and both
 Claimant and his Local Chairman shall meet with Carrier's local representative
 designated for such purpose, to review Claimant's service record and the conditions
 of his reinstatement so that he may properly understand same. Claimant has been
 afforded his last chance opportunity to demonstrate that he wants to work for
 the Carrier.

 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.


M. A. Christie, Employee Member C. B. Goyne, Car r Member

                      Arthur T. Van Wart, Chairman and Neutral Member


Issued at Falmouth, Massachusetts, June 10, 1982.