Form 1 NATIONAL RAILROAD ADTUSTT''~'NT BOARD Award NO- 7966
 SECOiVD DIVISION Docket No. 7 51
 2-P~L..~-r 0-' 79


Department, A. F. of L. - C. 1. 0.
 Parties to Dispute: ( (Firemen ° Oilers)

DJ,s-,ute: Clain, of Fiiip'loyes:
















findings:
The Second Divisl-on of the Adjustment Board, upon the whole record arid all the evidence, finds that:

 The carrier or carriers and the ewnploye or employer involved in this dispute are respectively carrier and employe i~.rithin the L'IE:anirlg- of the Railway Labor Act as approved June 21, 1934.

 This Division of the Adjustment Board has jurisdiction over the dispute involved herein.

Clairmant was dism5.ssed from service of the Carrier effective Septeosber 8, 1975 't'oa.-7-o~T.nz; a fox·:nr1 invest _gata.on conducted September 3, 1975, v~hex·eupon Claimant eras fount guilty of falsifying his tfi-rqe card on date of August 21, 1975.
than his rep 1ar1.y srhedt?led star t'..r~ tide of 7: OU AI~.1. At the end of his
 shift at 3: 00 Pi.i on A xg>zs t 21, 1975, lClai:-:ant filled out and turned in his
 Foam 1 Award No. 7966
 Page 2 Docket No. 7851
 2-MP-FO-`79

 time card (Form 25300) reporting he had commenced work at 7:00 Ps4, the starting time of his shift, rather than 8:00 AM, his actual starting time that day. Claimant's misreportin; on h:~s time card on date of August 21, 1975 was brought to the attention of Carrier's supervision on August 22, 1975 by an employee charged with the responsibility of keeping and checking time records. Immediately thereafter, Claimant was cited for a formal disciplinary investigation in which Carrier notified Claimant he was charged with having falsified his time card on August 21, 1975 and that at the investigation there would be a retrieve of his attendance and personal record file.
1975 -vr~.u-:in error., but takes the position that Claimant, rather than deliberately
 or intentionally falsifying his time, did- inadvertently and by mere mistake
 enter eight (8) hour:, worked rather than seven (7) hours. The Organization
 argues that Claimant did not lie about the time shown nor did he Layer or
 alter. the tune shown and therefore, the Organization asserts, Clai.Y , ant is nod;
 guilty of falsification of his tune card as so charged. by the Carrier, in
 response to Carrier's submission of evidence at the a_nvestigat:icn regarding
 Claimant's past record of absences, leaves and tardiness, the Organization
 maintains Claimant's reasons for such absences, leaves and tardiness rust have
 been legitimate and acceptable to Carrier, arguing that otherwise, Claimant
 would not have been e.:yloyed for the total of five and one-half (5-I) years
 he worked for the Carrier. Furthermore, the Organization maintains, that over
 the years Claimant w-as employed by the Carrier, his work record actually
 improved. In addition, -the Organization con-Lends, Claimant did not receive
 a fair and impartial hearing.

 The Carrier asserts that in addition to the instant claim being procedurally defective, said claim is totally -without merit. Carrier argues that Form 25300 (the time card.), requires the making of very deliberate entries in three places, for specifying time actually worked. Carrier's position is, that because the entries are so deliberate, Claimant did not inadvertently make a mistake as the organization contends, but, did in fact, deliberately and intentionally falsify his time worked on date of August 21, 1975. Carrie;^ further argues, that falsification by Claimant of his time record is such a serious offense, that by itself, such action warrants Clainant's dismissal. Even if this were not the case, Carrier states that Claimant's action of falsifying his time card coupled with his past dismal work record, combines to present a picture of an employee who did not at all care about his job and that under these circumstances, dismissal vTas neither. excessive, arbitrary, capricious nor discriminatory. As to the Organization's contention that Claimant's work record actually showed an improva-nexrt over the years, the Carrier refutes this position by noting that in the ten (ZO) r.:onths just orior to his dismissal. (between November, 197 and Septemeer, 1975), Claimant had been absent or tardy or had left work early on more than f:i.i'ty (50) occasions. Finally, Carrier reilztes the notion advanced by the Orb a.ni nation that Cla:innant did not secure a fair and impartial hearing. Carrier asserts that i t complied with all contractual gu.a.rantees granted the Claimant under the controlling agreoznent dated dune 1, 1960 with regard to Claimant's right -to a fair and impartial hearing.
 Form 1 Award No. 7966
 age 3 Docket No. 7851
 2-M-P-FO-' 79

 It is the opinion of this Board, upon examination of the record, that; the Claimant did, in fact, receive a fair and impartial hearing. Furthermore, we believe the evidence in the record supports, in a substantial manner, the finding of Claimant's guilt in connection with falsifying his tine card on date of August 21, 1975. It is apparent from the record that tardiness, as well as absenteeism, had become a way of working life for the Claimant, and as such, it is difficult for this Board to conclude that Clair-ant-, was not cognizant of 'she fact that he had worked less than the eight hours he reported he worked on his tune card on date of August 21, 175. This Board believes that fa.ls,_'.:i.cation oz tine records is a very serious offense, which under certain ca.rcunstances, such as those before us now, would by itself justify a disciplinary assessment of dismissal. The Claimant'; poor work record over the entire time of five and one-ha,L~: ( 51 ) years employed with the Carrier only serves as an additional factor i4-arranting Claimant's dismissal. There being noths.t.~; in the record indicating Carrier's action as being either arbitrary; capricious or discriminatory, we rule the instant clairi must beg denied.




                          By Order of Second Division


Attest: Executive Secretary
 National Railroad Adjustment Board

 Los marie Brasch - Administrative Assistant

 Dated a Chicago., Illinois, this 13th day of June, 197y.