PARTIES Brotherhood of Maintenance of Way Employees
 TO and -°
 DISPUTE The Atchison, Topeka & Santa Fe Railway Company
 STATEMENT "1. That the Carrier violated the parties Agreement when it unilaterally
 CUlAIM dismissed Southern Division Trackman P.L.Broadnax from service
 December 7, 1979, said dismissal being arbitrary, capricious and -
 an abuse of discretion and also not supported by the record.
 2. That Carrier now compensate P.L. Broadnax for all wage loss beginn--
 ing December 7, 1979 until his reinstatement June 16, 1980 and/or
 otherwise made whole."
 FINDINGS

 Upon the whole record, after hearing, the Board finds that the parties herein are Carrier and Employees within the meaning of the Railway Labor Act, as amended, and that this Board is duly constituted under Public Law 89-456 and has jurisdiction of the parties and the subject matter.

 The record indicates that Claimant was dismissed from service for allegedly threatening members of the gang and furnishing false information with respect to an alleged injury; this dismissal followed an investigation held on December 7, 1979. Claimant was reinstated on a leniency basis without pay for time lost effective June 16,1980. Thus, the sole issue before this Board is the matter of whether he should be compensated for time lost between December 7, 1979 and June 15, 1980.

 The record of the investigation herein reveals that a -number of employees were involved
 in the incident together with Claimant. That there was an element of harassment and
 horseplay involved is beyond question. The conduct of the investigation leaves -
 the Board with the impression that it was not handled objectively and fairly with respect
 to Claimant. Without reaching the question of guilt, the Board is of the opinion that
 the conduct of the Hearing Officer in itself warrants a sustaining award herein. It is
 clear that he did not fully perform the function of adducing all the facts which related
                            -Z- Awd./I7 - 2774


to the incident in question in a fair and impartial manner. Thus, the claim must be sustained. AWARD
          Claim sustained; Claimant will be reinbursed for time lost between December 7, 1979 and June 15, 1980


ORDER
          Carrier will comply with the Award herein within thirty (30) days -

          from the date hereof.


                    I.M. Lieberman, Neutral-Chairman


p oy a Mem er arrier m er

 1981 Chicago, IL