PUBLIC LAW BOARD NO. 5943
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