Date of Hearing - August 1, 1997

Date of Award - January 26, 1998

1. The dismissal of Trackman L. E. Jennings for his alleged

conduct unbecoming an employee by fraudulent use of

Norfolk Southern's telephone credit card between August

1994 and September 1995 was harsh, excessive, and not

reasonably related to the charges. (Carrier's File MW

ROAN-95-67.)

2. Trackman L. E. Jennings shall now be reinstated with

seniority and all other rights unimpaired and he shall be

compensated for all wage losses suffered.

Special Board of Adjustment No. 1048, upon the whole record and all of the evidence, finds and holds that the Employees) and the Carrier are employee and carrier within the meaning of the Railway Labor Act, as amended; and, that the Board has jurisdiction over the disputes) herein; and, that the parties to the dispute(s) were given due notice of the hearing thereon and did participate therein..

The evidence in this record indicates that between August 1994 and September 1995 Clainant was guilty of fraudulently using a Company telephone credit card to make personal calls to friends and family members. Furthermore, this record indicates that Claimant dispersed the credit card number to others for their extensive use.

Claimant's conduct in this regard was totally improper. It was fraudulent and just as serious as if he attempted to steal an equivalent amount of funds, goods or materials from Company or one of its suppliers.

Accordingly, discipline was warranted. Discipline of dismissal, in the circumstances present cannot be considered as harsh, excessive and not reasonably related

SBA - 1048 BMWE - NS

Award No. 75