SPECIAL BOARD OF ADJUSTMENT NO. 976


EROTHERHOCD OF MAINTENANCE OF WAY E;MPLOYES

 VS.

 CONSOLIDATED RAIL CORPORATION

 STATEMENT OF CLAW.:

    Appeal of dismissal assessed h`. Clausen On August ", 1989, in connection with being charged with sutrission of fraudulent expense account.


    Upon the whole record and all the evidence, after hearing, the Board finds that the parties; herein are carrier cnc' cr:ployee within the meaning of the Railway Labor Act, as amended, and this Board is duly constituted by agreement under Public law R9-456 and has jurisdiction of the parties and subject matter.


AWARD: Claim disposed of as follows:

    The evidence is clear, as acknowledged by claimant's own testimony, that he was guilty as charged. However, while the Board does not minimize the claimant's actions, it does take into account his 14 years of good service and determines that he should be afforded another chance to be a reliable employee. Therefore, claimant is to be restored to service without any back pay. Further, claimant is put on notice that this restoration is on a last chance basis.


                C. A. Peacock, Pleutral Member


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 F. OLai) n(~ls aCr rier Member :fed- ric7, (:rqanirat:on '-Terr.her

 Issued this oL- clay of . _~i _ _ _ __ · - 1 n