' Case No. 346



                  BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES


                                  VS.


                        CONSOLIDATED RAIL CORPORATION


            STATEMENT OF CLAIM:


                Appeal of dismissal assessed D. P. Groves on September 15, 1992 in connection with being charged with unauthorized use of a Conrail telephone to make '900' numbers and other long distance personal calls.


                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 89-456 and has jurisdiction of the parties and subject matter.


            AWARD: Claim disposed of as follows:


              The evidence conclusively shows that claimant is guilty of the offense and discipline was clearly warranted. However, while we do not minimize the claimant's shortcomings, in our judgment, based on his 17 years of relatively good service, we deem the time he has been out of service should constitute sufficient discipline for this infraction. Therefore, claimant is to be restored to service, but without compensation for time lost, subject to him making full restitution of $173-10 to the Company.


                        C. A. acock, Neural Member


            F. 4o zalsk', Carrier Member J Dod , organization Member


            Issued this ~ day of ~ ~r;~ 1 1993.