Form 1 NATO NAL RAILROAD ADJUSTMENT BOARD Award No. 9442
SECOND DIVISION Docket No.
9083
2-IHB-CM-183
The Second Division consisted of the regular members and in
addition Referee John B. LaRocco when award was rendered.
( Brotherhood Railway Carmen of the United States
Parties to Dispute: ( and Canada
(
( Indiana Harbor Belt Railroad Company
Dispute: Claim of Employes:
1. That the Indiana Harbor Belt Railroad Company violated Rule
#36
of the
controlling agreement when they unjustly dismissed temporary Carman
Jeredene Goodwin from their service on February 23, 1879, following
investigation held on January 2, and February 2,
1979·
2. That accordingly, the Indiana Harbor Belt Railroad Company be ordered
to reinstate temporary Carman J. Goodwin to service with all seniority
rights, vacation rights, sick leave benefits, and all other benefits
that are a condition of employment unimpaired. And, compensated for
all time lost, plus
6o
annual interest, and reimbursed for all losses
sustained account loss of coverage under Health and Welfare and Life
Insurance agreements during the time held out of service.
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.
Claimant was discharged from service for abandoning his assignment and
falsifying his time card on January 9,
1979.
Claimant had also allegedly failed
to mark off duty on four days in late January,
1979.
The Organization argues that the Carrier did not meet its burden of proving
Claimant was guilty of any offense. The Organization relies on Claimant's
testimony that he performed all of his inspection duties on Tracks
16, 17,
and
18 on January
9, 1979.
Claimant spent three or four hours waiting in the Long
Field Building due to a potential chemical hazard in the yard. The Organization
submits that Claimant, therefore, had a rational explanation for standing idle
during part of his shift.
The Carrier contends that the Yard foreman could not find Claimant anywhere
near his assigned wor?: area for most of his January
9, 1979
shift. The Carrier
characterizes Claimant's testimony as both confusing and contradictory and so,
Form 1 Award No. 9442
Page 2 Docket No.
9083
2-IHB-CM-183 -
by implication, Claimant must be concealing the fact that he failed to perform
his assigned duties.
We have carefully reviewed the transcript of the February 2,
1979
investigation
and we conclude that the Carrier presented substantial evidence that Claimant was
not available to perform his assigned duties and that he falsified his time card.
Claimant conceded that he went home at least one-half hour early. The Yard
Foreman testified that he could not find Claimant or his automobile fifty minutes
before the shift ended. In addition, Claimant's whereabouts were unknown between
5:00 p.m. and 6:x-0 p.m. While Claimant could legitimately take twenty minutes
for a meal break during this period, Claimant provided no reasonable explanation
for being absent the remainder of the period. Even though Claimant abdicated his
responsibilities and duties, he submitted a time card showing he worked a full
eight hour tour of duty.
Claimant committed serious offenses. The Carrier must rightly rely on its
employes to be available to perform duties during their assigned shift. Furthermore,
many awards of this Board (too numerous to cite have held that dishonesty is
grounds for dismissal. These serious offenses in conjunction with Claimant's poor
prior discipline record and his short length of service warrant this Board's
decision to uphold the assessed discipline.
We need not consider the Organization's appeal of Claimant's alleged failure
to report off duty on four days in January,
1979.
Even if we were to sustain the
Organization's arguments, we could not alter the ultimate disposition of this
case. Similarly, since we have denied this claim on its'merits, we need not
address the Carrier's procedural objections regarding the alleged defects in the
statement of the claim presented to this Board.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
By
o~marie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 13th day of April, 1983