The Board, upon the whole record and on the evidence, fords that the parties herein are Carrier and Employees within the meaning of the Railway Labor Act, as amended; that this Board is duly constituted by agreement of the parties; that the Board has jurisdiction over the dispute, and that the parties were given due notice of the hearing.
Given the unique circumstances demonstrated by the evidentiary record, the Board finds that Claimant Homero Martenez must be conditionally offered reinstatement to his former employment, on a leniency basis, with seniority and other rights of employment unimpaired but without back pay. Claimant's reinstatement is contingent upon entering into an agrccd upon payroll deduction schedule to make restitution. The Organization and Carrier shall -°°! and agree upon the restitution amount. If reinstated, Claimant's time off payroll shall be recorded as a disciplinary suspension for just cause.