Foam 1 NATIONAL RAILROAD ADJUS`l'I,1IV`1 BOARD Award No.
78+1
SECOND DIVISION Docket No.
7784
2-C&1V'1%T-CM-'
79
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when a-v,ra,xd was rendered.
( System Federation No.
76,
Railway Employes'
( DepaX°trnent, A . F . of 7;. - C . T. 0.
Parties to Dispute: ( (Carmen)
~.._,
( Chicago and Torth Western Transportation Company
Dis.pute: Claim of Emplo1,,res:
1. Car Inspector John A. Pillex was unjustly assessed thirty (30)
days suspension on March P8,
1977.
2. Car lnspectox John !?. Pill er was erroneously charged with
fals-if-_'.ra,tion of his individual time card on Larch 10,
197'7.
3.
That the Ci,icao and North ~Iestexn Ttansporta.t~s on Company b^
ordered to cornmensate Cat, Inspector john A. Piper for all ti-re
lost, and make him whole fox
vacation
rights and all health
and welfare arid insurance benefits as .per Rule
35.
F-;_ nc7.:i ngs
The Second Division of the Adjustment Board, upon the v,rhole record ~Ind
all the evidence, finds that:
The carrier or carriers and the employe ox employes involved in this
da spv_t a are respectively carrier and employe within the meaning of the
ha:i_liaay Labor Act as approved June 21.,
1934.
This Division of *the Adjustment -Board has jurisdiction over the dispute
involved herein.
Parties to said d:ispa_U;e waived right of appearance at hearing thereon.
Claimant reported for his 3: 00 p.m. afternoon shift on i4arch 10,
1977,
and there is no dis.1rate that he reported off at
7
p.m. by acceptable
practice. When the payroll was be:incr prepared for the first half of March,
1977,
hovaever, it 'sras noted that flee tine slid foz~ I:~Iarch 10,
7_977,
on behalf
of claimant shot-Ted a total of eight- hours.
Claimant z:-as subsequently charged z~rith falsification of his time card.
Following an invcsti at:i.ve hearing, he was given a. 30-day suspension.
The hearing, developed that the usual custom is to fill- out time cards
at the beginning of each sh'ift. C1a,,'_znant alleles that, after he reported
off, he threw a:~jTay the tine card and the follo~ri_n'- day s~_~b_~a.tted a time
card fox four hours fox March 10,
Foam 1
Page 2
Award No.
7841
Docket No.
778+
2-C&-2W-CM-'79
Third shift Car Inspector Richard Podewils testified at the hearing
that ho picked up claimant's time card near the garbage can and placed it
in the tLme card boy:. Carrier alleges no knowledge of the revised time
card showing four hours.
Sufficient evidence of falsification -.',s lacking for the LTnposition of
a disciplinary suspension. Clai:~:ant made no effort to disguise the fact
that he vas leaving early, so that it -~,-a.s readily ~:~.o;m that he worked only
four hours on March 10. Car Inspector fodearils' role in accidently retrieving
the t_line card cannel be gainsaid. It is t-r-,te, of course, that the alleged
second time card= clw-.'uaing four hours, did net come into evidence. On
the record, however, tr~ere is, :i_zasuific:i.ent evidence to suppo~ the conclusion
that claimant su'h:aitted a fraudu;Lant time card on T,<~arch 10, 1677.
A S^T A R D
Claim sustained as per Rule
35.
Attest: Executive Secretary
National Railroad Adj;zstment Board
,~"'liGSf.'i:1~3.r1.C' ~~Y'~SC=1" - I
iCll?i11'115Oi'at1.Ve' t~,~·--_it8.nt
Dated bt Chicago, Illinois, this 7th day of Febrlza,ry., 10179.
1ATTOiT11L RAILROAD ADJUETIU'~111T BOARD
By Order of Second Division