Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
Award
No.
8862
SECOND DIVISION Docket No, 8674
2-CR-MA-182
The Second Division consisted of the regular members and in
addition Referee Thomas F, Carey when award was rendered.
( International Association of Machinists and
Parties to Dispute: ( Aeronpaee workers
(
( Consolidated Rail Corporation
Dispute: Claim of Employee:
1. That the Consolidated Rail Corporation be ordered to restore Machinist
Frank P. Cero8lo to service and compensate him for all lost pay up to
time of restoration to service at the prevailing Machinists' rate of pay.
2. That Machinist Frank P. Ceroala be compensated for all insurance benefits,
vacation benefits, holiday benefits, and any other benefits that may have
accrued and was lost during this period, in accordance with rule 3-1(e)
of the prevailing Agreement which was effective April 1, 1976.
Findings:
The Second Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
The carrier or carriers and the employs or employee involved in this dispute
are respectively carrier and employs within the meaning of the Railway Labor Act.
an approved June 21, 1934.
Thin Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant was found guilty, following an investigation held on September 27,
1978 of the following charge:
"You are hereby being charged with forgery for your unauthorized
use of meal tickets at approximately 7:10 P.M. on September 8,
1978 which resulted in your apprehension at the General Yard
Office Building by the Consolidated Police Department at
7:30 PM on said date."
The Claimant was dismissed from service on October 2, 1978.
The Claimant, on September 8, 1978, voluntarily signed a statement which
contained, in part the following admission:
"Q. What department are you working with, for the railroad?
A. Diesel Shop - Mechanical Department.
Form 1 Award No.
8862
Page 2 Docket No. 8674
2-CR-MA,u' 82
Q. Did you possess Meal Tickets belonging to the railroad and
if so, what were you doing with them?
A. Yes - I was getting food with them for the family, I had ten
meal tickets that I filled out, signing them with names and
man numbers of employees at the Fueling Plant. I then went to
the 'Y' and purchased food with the Meal Tickets, and I would
take the food home.
Q. How many times have you signed other employees names and taken
these tickets to the YMCA, and turned them in for food?
A, A number of times, about fifteen (15) times,
turning in
around
seven (7) tickets each time.
Q. When mss the last time that you signed other employees names to
the ticket and turned them in for food?
A. Tonight, Sept. 8, 1978, about 7:00 PM.
Q. Who's name were you signing to the Meal Tickets, authorizing
the meals?
A. General Foreman - Delehanty and C, L, Roberts.
Q. Will you look at these meal tickets, that have been turned in
prior to this date, and initial the tickets that you signed
other employee names to?
A, Yes sir.
I have read this statement of 1 page (s) and I certify that the facts
contained therein are true and correct. I further certify that I
made no request for the advice or presence of a lawyer before or
during any part of this statement, nor at any time before it was
finished did I request that this statement be stopped. I also
declare that I was not told or prompted what to say in this
statement."
The Board having reviewed the transcript finds that the Claimant was afforded
a fair and impartial hearing. The Board finds the Carrier took the action it did
on the basis of substantial evidence in the record, not the least one being the
admission of guilt to the charge by the Claimant. No basis exists to reverse the
Carrier's decision.
A W A R D
Claim denied.
Form 1
Page 3
Attest: Executive Secretary
National Railroad Adjustment Board
Award No.
8862
Docket No. 8674
2-CR-MA-' 82
NATIONAL RAILROAD ADJUSTMENT BOARD
Bv Order of Second Division
~semarie Branch - Administrative Assistant
Dated at Chicago, Illinois, this 13th day of January,
1982.