"Claim of the System Committee of the Brotherhood that:

1. The dismissal of Mr. S. P. Stephens for 'Your falsification of an alleged

back injury in that you claim hurting your back on July 3 or 4, 1994, then

reporting as a late injury on 8/11/94, which is a violation of Safety Rule

3001.' was arbitrary, capricious, excessive and in violation of the

Agreement (System Docket MW-3906D).

2. As a consequence of the violation referred to in Part (1) above, Claimant

S. P. Stephens shall receive the remedy prescribed by the parties in Rule

27, Section 4."

The Board, upon the whole record and on the evidence, finds 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.

Due to the unique mitigating and extenuating circumstances present in this record, the Board finds that Claimant shall be offered reinstatement to his former employment, subject to passing Carrier's return to work requirements, with seniority and other rights of employment unimpaired but without back pay.