Upon the whole record and all the evidence, after hearing, the Board finds that the parties herein are carrier and employee within the meaning of the Railway Labor Act, 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 making false and conflicting statements in connection with the injury. The record reveals that the alleged on-duty injury occurred on November 9, 1998, but that Claimant did not report it until the following April, after his attorney filed a claim on his behalf. The record further reveals that Claimant made false and conflicting statements concerning the alleged injury. Accordingly, we conclude that Carrier proved Claimant's guilt by substantial evidence. 50A loN$ C 0- -S e C7.5 However, considering all of the facts and circumstances of this case, including Claimant's length of service and the apparent role of Claimant's attorney in this matter, the Board finds that dismissal is an excessive penalty. Accordingly, Carrier is ordered to reinstate Claimantto service with seniority and benefits unimpaired, but without compensation for time held out of service.