Form 1 NA.TIOT~'iL RAILROAD ADJU'STME-INT BOARD Award
Tao. 798
SECOND DIVISION Docket No.
78+5
2-IC G-FO-'
79
The Second Division consisted of the regular members and in
addition Referee Bernard Cushman when award was rendered,
( System Federation No.
99,
Raihray Employes'
( Department, A. F. of T, - C. I. 0.
Parties to Dispute: ( (Firemen & Oilers)
( Ill:ino:T; Central Galf Railroad
DL s ~ui~ SL- Claim of E~1.1)loyes:
1. That Laborer Curtis J. Du:ffin was unjustly disciplined from
Februal.
y 17, 177
to r-iar ch 18, 1977.
That a.ceorLingly, the Illinois Central C:`ttlf Railroad be ordered
to componuG.te Laborer Curtis J. Dui'fin for all time lost., and that
a1.1. benefits be al1oZ~,ed fox' that period,
Findin;;s
The Second Division of the Adjustment Board, upon the whole record and
all the evidence, finds that
The carrier or carriers and the G=loye or employes involved in this
dislrate axe respectively carrier and employe within the n?earring of the
Railway Tabor Act as approved June 21,
193+.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said d.ispzrf;e waived right of appearance at hearing thereon.
The claimant, Curtis J. T1ux'fin, was employed by the Carrier on January 2,
1975,
After tvro formal investigations, the claimant was found by the Carrier
to have been guilty of falsifying his time card or. February 11,
177,
and of
insubordination to
Shop
Superintendent - Car Department, E. Pd. Mzehlenbein,
on Fcbrlzary
17, 19`7,
He was given a suspension from service from February 17,
1977
through March
18, 1377.
The case has been duly processed on the property.
:Lt is now before this Board or, appeal by the organization.
The Organization concedes that the claimant did place a higher rate of
pay, nalr_oly,
$7.16
on his tune card on February 11,
177,
but argues that the
claimant felt the work he was performing was a higher paying job and that the
clanant felt fiuther that he -v;-as entitled to the rate of
$7y16a
The record
shows that the claimant was assigned to perform work
which
entailed the
digging of a ditch for & pipe tr:at had a broken steam line. He had been
assigned to this inDrk previous to February L1,
177,
and had been paid the
Laborer's rate for
such
Trrork and had not made any
complaints
concerning the
payment of that rate,. At the investigation he testified that he placed the
Form 1 Award No,
7986
page 2 Docket TTo.
78+5
2-TCG-FO-'79
higher rate instead of listing the rate of
$5.58
on his card "to see what
would happen" because he though it was a water pollution or maintenance job.
Rule
4
of the Suporintendent's Bulletin of January 1,
1977,
states,
among other things, that making false reports or statements will be considered
extremely serious offenses which will normally subject offenders to dismissal.
On the basis of these facts, the Carrier's finding that the claimant was
guilty of violating rule
4
is supported abundantly by the record.
As to the charge of insubordination, the record made at the investigation
shows that on February
17, 1977,
Superintendent Yuehlenbein attempted to present
the claimant with a notice of investigation concerning the February 11,
197`j
falsification of his time card. Prior to that time, the Carrier had sent
the claimant a letter containing the notice of investigation by certified
mail. It ay7pea red that the claimant had not informed tine Carrier of an
address cawnge and the letter was returned to the Carrier. Consequently,
TMuehlenbei_n, on Febr~aaxy
17, 1977,
entered the company's truck shoe where
the claimant zras working for. the purpose of handing him the letter,, which
convained the notice of investigation, The cla:i_mant refused to accept the
letter. Tiuehlenlaein infoxmmd the claimant of the contents of the letter and
stated that it -~Fa.s the claimant's obligation to receive the letter. The
claimant left the truck shop to search for his union representative, and upon
his return with the:- union representative about fifteen minutes later,
Superintendent Mzehlenbein infoxned the claimant that he Yras out of service.
There is a conflict betw°en the testimor.~y- of MueW .enbein at the hearing
and that of the claimant as to whether when i:'uehlexibein attempted. to hand the
o1.a.imant the letter there was a request for union representation at that
time. According to P.luehlenbein, the clairzant simply refused to accept the
letter, The clain;ant, on the other hand, alleges that he asked for a union
representative and was told that one was not necessary. The hearing officer
found that hsuehlenbein's version eras correct and the record amply supports
the Carrier's finding that the claimant was insubordinate. Insubordination would
be present even if the claimant's version of what took place were to be
accepted. A11 that Kuehlenbeir. sought eras to hand the letter to the claimant
in order to give him notice, and there would appear to be no necessity for
having a union official present on that occasion.
The Board also holds that the discipline assessed against the claimant
was warranted. This Board has often held that acts of dishonesty, such as
falsifying time cards, warrants stringent discipline. Second Division Azvard
1756
(Referee Carter), Second Division Award
590
(Referee Gilden). The
Board has also considered insubordination as a serious offense. For a ease
in which the seriousness of insubordination as an offense in the railroad
industry is discussed, see Public Law Board No. 191~+, Award No. 1, Brotherhood
1
JAs a reasonable rule of conduct not in conflict with the Agreement, contrary
to the Organization's contention, the rule may be enforced.
Form 1 Award No.
7986
Page
3
Docket No. 785
2-zcG-FO-t79
of Railroad. Signalmen and Southern Railway System (Referee Van Wart). There
was ample credible evidence to support the Carrier's conclusions and the Board
finds that the discipline imposed was reasonable.
A
hT
A R D
The claim is denied.
NATIONAL l~A _LLROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
Los rna..r:i_e Brasch - ALInzm.st,rative
Assistant
Dated a' Chicago, Illinois, this 20th day of June,
1979.