Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 8470
SECOND DIVISION Docket No. 8498
2-D&M-MA-'80
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
( International Association of Machinists
( and Aerospace Workers
Parties to Dispute:
(
( Detroit and Mackinac Railway Company
Dispute: Claim of Employes:
That machinist Randall Lansky be restored to the service of the Detroit
and Mackinac Railway Company and made whole in accordance with Rule
32 of the controlling Agreement.
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.
In this dispute, the Organization belatedly raised procedural objections to
the conduct of the investigative hearing, citing what it claimed to be multiplicity
of roles by several of the Carrier's officials. Without examining Carrier's
cogent argument that such objections were not raised on the property and therefore
should not be heard by the Board, suffice it to say that the Board finds no
impairment in the conduct of a fair investigative hearing. The Claimant and the
Organization had the full opportunity to present their defense. Indeed, there is
little factual dispute between the parties.
The issue involves time reported by the Claimant for September 29, 1978.
The time slip introduced to cover this date was actually marked "8/29/78 " instead
of "9/29/78". The Board is satisfied, however, that this dating was in error and,
more important, was acknowledged to be so by all concerned. Clearly, the Claimant
put in a time slip for a full day's work for the day under investigation
(September 29), but he does not deny that he left work at 3:00 P.m. instead of
x+:30 P.m., which would have been the end of his assigned shift. There is no
question but that the Claimant was paid for time from 3:00 P.m. to x+:30 p.m.,
for which he made a claim on his time slip, although he had left the premises
at 3:00 p.m.
Form 1
Page 2
Award No.
8470
Docket No.
8498
2-D&M-MA-'80
In his defense, the Claimant stated that he believed that there was a
"understanding" that he could leave when his work was completed, without loss of
pay. He cited an earlier instance, where the supervisor had permitted him to
go home for the remainder of a day without loss of pay, because he was ill.
No probative evidence was produced in the hearing to show that the Carrier
as a practice permitted employes to make time claims for hours not worked. By
leaving early (apparently without notification) and claiming pay for the
remainder of the assigned shift, the Claimant was properly found guilty of the
charge of "falsifying" his time slip. The penalty of dismissal is severe, but
the offense was serious, and the Board has no proper basis for interfering with
the Carrier's action.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
semarie
Brasch - Administrative Assistant
`Datec~at Chicago, Illinois, this 8th day of October, 1980.