PARTIES Brotherhood of Maintenance of Way Employes
 D IPUTE : and
              Baltimore and Ohio Railroad Company


STATEMENT 1. The dismissal of F. A. Phillips, Foreman-Trainee,
 y
 CLAIM: was without just and sufficient cause and in viola
 ' tion of Rule 48 of the Schedule Agreement dated
 October 1, 1968.
 2. F. A. 'Phillips should be allowed the remedy
 of Rule 48 (e) or (f) of said Agreement.
 FINDINGS: There is substantial credible evidence, consisting
 of testimony by Track Foreman Pardida and Supervisor
 Rosier, that supports Carrier's findings that claim
 ant left work about four hours before quitting time
 on October 20, 1978, and did not work at all on
 October 24, 1978. He nevertheless prepared an ~
 filed time sheets that allowed him full time on
 both days. Claimant did not deny leaving his work
 at about noon on October 20 and admitted that he
 did not work at all on October 24. When asked why
 'he had prepared time sheets showing a full day's
 ·a
                                                  Z


                                                2-773-g


work on each of those dates, he testified:
              "I don't have any idea really.

              Maybe it is a mistake on my part.

              I have no idea. If it was a mistake,

              it was an honest mistake."

Ordinarily dismissal would not be unwarranted in this setting; no reasonable explanation has been offered for claimant's time sheet misrepresentations. In the present case, however, claimant actually received less than one day's notice of hearing. It is true that Carrier mailed the notice seven days before the hearing was held but a week end and a holiday intervened and claimant did not actually see the notice until he picked it up at the Post Office on the sixth day.
 The Local Chairman raised an objection to the sufficiency of the notice at the very outset of the hearing and Carrier should have given claimant more time to prepare his defense in a case that could reasonably involve a substantial loss of pay.
 We will not set aside Carrier's decision to discipline claimant severely, particularly since claimant was represented by his Local Chairman and the notice of hearing was mailed seven days before the hearing date. Carrier will be directed, however, to re- - instate claimant without back pay since a dismissal decision must be based on procedures that, as a matter of substance, have given the employe under charges a fair opportunity to present his case.
 PLB-2778
 Awd. No. 8
 Case No, 19

 AWARD :

 Harold M.

 Carrier Member

 Claimant reinstated with seniority unimpaired but without back pay. To be effective within 30 days.

 Adopted at Baltimore, Maryland, ~'.cbiu d , 19$3.

 Chairman

 Employe Member