Parties to the Dispute

PUBLIC LAW BOARD N0. 3542

BROTHERHOOD OF NAINT0NANCE OF WAY EMPLOYES

CONSOLIDATED RAIL CORPORATION

STATEMENT OF CLAIM

1. That Thomas N. Christmas, Trackman, Rail Gang 1103 be restored to service with seniority rights and all other privileges provided for by either agreement or practice. That he be compensated for all time lost until such time he is returned to the service of the Carrier. Date of removal from service September 2, 1982.

2. That Thomas N. Christmas' record be cleared of all charges brought against his record.

OPINION OF THE BOARD

Claimant T. N. Christmas was a Trackman in Carrier's employ at Harrisburg, Pennsylvania. On September 2, 1982, he was held out of service and notified to attend a hearing to investigate the charges that he had falsified Conrail Form CT-226 accident

report.

Case No. 15

U
PLB-3542 -2-- Award No. 24

A hearing into the matter was held on October 18, 1982. Claimant was found guilty as charged and dismissed from Carrier's service.

This Board has reviewed the record with an eye to possible mitigation of the penalty imposed. Based on Claimant's past record of discipline and the obvious seriousness of his committed Rule infraction, we find no justification for modification of Carrier's decision.

AWARD

The claim is denied.

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R. . Dennis, Neutral Member

J L d, Employe Member R. 0 N 1, Carrier Me ber

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Dat of Adoption