PARTIES ) BROTHERHOOD OF LOCOMOTIVE ENGINEERS
TO )
DISPUTE ) UNION PACIFIC RAILROAD COMPANY

STATEMENT OF CLAIM successful completion of the pro
claim on behalf of Engineer gram. Claimant's relevant service
Trainee R. Rojas for rein- dates for training purposes shall be
statement to service due to in accord with his prior training
his dismissal as the result of
an investigation on December dates.
21, 1994 for dishonesty AWARD _
OPINION OF BOARD Claim sustained in accord with
Claimant, an Engineer Trainee, the opinion.
was dismissed for submitting a time
slip claiming pay and for using the
Carrier's lodging on a day he was Edwin H. Benn
not working. Neutral Member

Under the particular circum-(~ L4~

stances of this case, substantial
evidence supports the Carrier's de- Carrier Memb
A. C. Hallberg
termination to impose discipline.
However, given Claimant's length of Q,
other service for the Carrier and the Organization ember
circumstances which do not fully M. L. Royal, Jr.
support a finding of an intent to
defraud, we find dismissal to be ex- Fort Worth, Texas
cessive.
Claimant shall be reinstated Dated:
without compensation for time lost.
Claimant shall restart the Engineer
Trainee program at the new trainee
rate. However, upon Claimant's