Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8666
SECOND DIVISION Docket No.
8634
2-WT-CM-181
The Second Division consisted of the regular members and in
addition Referee Kay McMurray when award was rendered.
( Brotherhood Railway Carmen of the United States
Parties to Dispute: ( and Canada
(
( Washington Terminal Company
Dispute: Claim of Employes:
1. That the Washington Terminal Company violated the controlling agreement
when they unjustly assessed Car Cleaner L. K. Love a fifteen (15)
calendar days suspension as a result of an investigation held on
December
12, 1978.
2.
That accordingly the Washington Terminal Company be ordered to coup ensate
Ms. L. K. Love her net wage loss caused by this unjust, capricious and
unwarranted suspension.
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.
This claim arises from the circumstances associated with Award No.
8046
decided
by this Board. One of the first issues involved in that Award consisted of a
charge that the same Claimant involved herein was absent from duty without permission
t~
on the afternoon of August 1,
1978.
During the course of the hearing in Award No.
8646
the evidence included testimony that Ms. Love had not turned in her time card at
the end of her shift on August
1, 1978.
Subsequent to the hearing on August
22,
1978,
Claimant filled out her time card for a full eight hour day on August 1,
1978,
and turned it in to the carrier on. September
12, 1978.
In view of the carrier's determination.in Award
8616
that. claimant was absent
for some time on that date, Ms. Love was charged in this instance with a violation
of General Rule "N" of the Washington Terminal Company. That rule provides that:
"...
falsifying reports
...
pprticipating in any dishonest
activity..."
will place the individual in jeopardy and corrective action may be taken. Claimant
was charged with falsifying her time card of August 1,
1978.
Form 1
Page 2
Award No.
8666
Docket No.
8634
2-WT-CM-181
This Board found in Award No:
86V
that Claimant was absent from duty during
the late portion of the shift on August 1,
1978.
We refer to that award for an
explanation of the decision. Having found that Ms. Love did not work a full day
on the date in question, it follows that a claim for a full day's pay does not
meet the standards associated with Rule "N".
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
BY
--111~0'-t
msrie Brssch - Administrative Assistant
Dated at Chicago, Illinois, this 4th day of March,
1981.