Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
7673
SECOND DIVISION Docket No.
7452
2-L&N-EW-'
78
The Second Division consisted of the regular members and in
addition Referee James F. Scearce when award was rendered.
( System Federation No.
91,
Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Electrical Workers)
(
( Louisville and Nashville Railroad Company
Dispute: Claim of Employes:
1. That the Louisville and Nashville Railroad Company removed
Electrician J. A. Arruebarrena from service without just and
sufficient cause and in so doing deprived him of his rights to
earnings from October
28, 1975,
until such time as he is
restored to service.
2. That, accordingly, the Louisville and Nashville Railroad Company
be ordered to restore Electrician J. A. Arruebarrena to the
Carrier's service faith seniority rights unimpaired and compensated
for all wage loss commencing with the date of his discharge,
October
28, 1975,
and continuing thereafter until such time as he
restored to service.
Findings:
The Second Division of the Adjustment Board, upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employe within the meaning of the
Railway Labor Act as approved June
21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant was discharged for claiming compensation for work not performed
between October I and October
23, 1975.
Claimant was an electrician
regularly assigned to work first shift at the Carrier's yards at Gentilly,
La. The Carrier, concerned over what might be described as out-of-line
overtime costs, conducted an investigation of operations, which included
surveillance of the Yard on separate nights during third shift in late
October,
1975.
It also checked repair records in conjunction with
compensation claims. It found that the Claimant had submitted overtime
claims for a number of nights (facility did not have an electrician
regularly assigned to the third shift) for having been called out to perform
work on various locomotives. Carrier also dispatched assigned investigative
officials to this facility to interrogate employees -- the third shift
Form 1
Page
2
Award No.
7673
Docket No.
7452
2-L&N-EW-'
78
machinist and night hostler -- both of whom might have same involvement
in the claimed overtime by the Claimant (there being no. supervision of the shop
crew on the third shift, these individuals would identify the need for an
electrician based upon trouble arising with equipment).
The Carrier established that:
- The Dispatcher was not notified of the need for an electrician
on the nights in question -- this would have been proper
procedure.
- the work records on the locomotives involved did not substantiate
repair work.
- when the machinist and night hostler were initially questioned,
they denied having called out the Claimant, except on one
occasion.
- eyewitness surveillance by a Carrier official (a trainmaster with no
personal involvement at the facility), indicated the grievant's
absence at the yard on one night in question, and his having been
observed leaving his house around 5:00 a.m. after the house had been
under surveillance for an extended period on another -- both nights
have been claimed as worked through the shift.
The subsequent alteration of stories by the third shift machinist and
night hostler to support the Claimant's having worked, and the introduction
of opinions by character witnesses cannot overcome that which is a wellestablished case of a serious violation of Carrier rules. This Board will
follow a long established principle that falsification of time sheets is
a serious offense for which dismissal is appropriate -- notwithstanding an
indication that the Claimant was a long-service employee who was highly
regarded for his industry and skill. The Organization also raises the
defense that the hearing was improperly conducted; the ,record does not
support this contention.
A W A R D
Claim is denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
r
By _
~,.
o emarie Brasch - Administrative Assistant
Dated a Chicago, Illinois, this 29th day of August,
1978.