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                                              PLB No. 6302

                                              Award 147


did not work at all. Claimant paid himself for four hours on July 26, 2007. Claimant testified that he in fact worked four hours on July 26 and that his paying himself for July 23 was an honest mistake.

 The Truck Driver, however, testified that Claimant called him on July 26 and said he would not be in to work at all that day. Furthermore, there is absolutely no evidence in the record corroborating Claimant's testimony that he worked for four hours on July 26. When asked what service he performed on July 26, Claimant testified that he sat in the depot for three hours and then drove the right-of-way in his car. The hearing officer observed the witnesses and did not credit Claimant's testimony that he had worked for four hours on July 26. We see no reason to disturb that finding.

 Although Claimant testified that his submission of time for July 23 was an honest mistake, the Truck Driver testified that Claimant told him that in light of the Manager Track Maintenance being on vacation, if any members of the gang wanted to take time off, they should do so and he would pay them for it. Such a statement reflects a dishonest intent. We generally defer to credibility determinations made by the hearing officer who observes the witnesses testify and we see no reason to disturb the hearing officer's determination not to credit Claimant's testimony that he made an honest mistake. We conclude that Carrier proved the charge by substantial evidence.

 Dishonesty such as that established in the instant case breaks the bond of trust between Carrier and its employee. The Agreement does not require Carrier to keep a dishonest employee in its employ. The penalty imposed was not arbitrary, capricious or excessive.

                        AWARD


      Claim denied.


                    Martin H. Malin, Chairman


. A. Ring 1' W. Kreke, mployee Member
 Carrier MfTb~ Employee Member
 i Map
      Dated at Chicago, Illinois, October 30, 2008


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