Upon the whole record and all the evidence, after hearing, the Board finds that the parties herein are carrierand employee within the meaning of the Railway LaborAct, as amended, and this board is duly constituted by agreement under Public Law 89456 and has jurisdiction of the parties and subject matter.
This award is based on the facts and circumstances of this particular case and shall not serve as a precedent in any other case.
After thoroughly reviewing and considering the transcript and the parties' presentations, the Board finds that the claim should be disposed of as follows:
Claimant was dismissed for failing to properly report an alleged on-duty injury, falsifying such injury and refusing to complete to required Form 22 in connection with the injury. The record reveals that the alleged on-duty injury occurred on August 19, 1998, but that Claimant did not report it until September 1, 1998, and, at that time, he refused to complete a Form 22. The record contains substantial evidence of Claimant's guilty of the offenses with which he was charged. SGA 1d y8 C0-6e 9q However, considering all of the facts and circumstances of this case, including several mitigating factors, the Board finds that dismissal is an excessive penalty. Accordingly, Carrier is ordered to reinstate Claimant to service with seniority and benefits unimpaired, but without compensation for time held out of service.