PARTIES: Brotherhood of Maintenance of Way Emrloyes. TO DISPUTE: Chicago and North Western Transp^rtatien Company.

                  STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:


        (1) The dismissal of Trackman ~;`. G. Galinski for elleaed unouthorized use of Carrier's Bell Telephone at Wat-rtown, Wisconsin, ·~,=-s without just and sufficient cause and excessive. (OrmanIznt;-.n File SD-4042; Carrier File °1.-q4-12-D).


        (2) Clflirant W. G. Ga11nski shall be allowed the remedy prescribed in Rule 19(d).


FINDINGS
This Board, uron 'she whole record and s11 the evidence, finds ante holds that the emoloyes end the Cprripr involved, are respectively e-loyes and C.^-crier within the meaning of the 3ailu==v Labor Act as amended, and that the Board hes jurisdiction over the dispute herein.

 -C'lsiment was employed ~s a trackman ?nd h=d been in Carrier's service about three years. At the time of the occurrence living rise to the dispute herein, he was working on the tie Qanz Pt W~tertoirn. Wisconsin. On SeptATber 1, 1983, he wss notified to att=n^ formal hearing at 10:00 A.~:., Thursday, Sectember 1983, on the charge:

      "To determine the fFcts in connection with your responsibility for your un-uthorized use of the Company's Bell teler~hone on July 21, 1983, August 1, Auszust 5 end August 1'7, 1q°3, at Wat=rto·~n Camp Car while you nrPre emrloyed as Trackman ~t Wrt=rtown on the Wisconsin Division."


The investizat'_on ryas postponed by egreeT.ent ~nd w=s c,)nducted be.zinn'.nc at 11:43, September 14, 19°3. A copy of the transcript of the investigation, or hearing, has beer. made a p^rt of the record.

 In the inv-stization, or h==ring, ther- r=s substanti?l evidence, including claimant's statement, that while 1-,orkina in the tie gar_R at ;rat=rtown, claimant used the Company's Bell telephone, in violation of instructions, to make Reveral lonaa distance t(~l.eohrcne calls, including some to Tacoma, w'-shington. The charge for the calls made by claimant
                                                  A

                                                  ~~-y

                ' 'Award No. 28

                                                Docket No. 32 Page 2.


aTOlznt-d to w9.72. Cleimant admitted me?ring the calls, and thet he .Tps aPTere ef p letter posted near the telephone thflt the teleahone vies not to be used for personal business. Cleim-^nt wss removed from service on September 23, 1983.

 The only oo5sible basis for Disturbing the disciplinary notion of the Carrier would be on the basis of leniency. However, the Board reco?nizes that leniency is a matter betmeen the e^-nloye and the dprri?r, end addresses itself to the Carrier and nest to the Board.

                    A Iv A 3 D


          Cl-im denied.


                  Chairman. Neural Member


'L
 prrier =·ieTber Labor Member

 ,Dated - 17, i3~y

 . 41