Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10178
SECOND
DIVISION Docket No. 9636
2-SP-FO-'84
The Second Division consisted of the regular members and
in addition Referee Ida Klaus when award was rendered.
( International Brotherhood
of Firemen and Oilers
( System Council No. 19
Parties to Dispute:
( The Southern Pacific Transportation Company
( (Western Lines)
Dispute: Claim of Employes:
1. That in violation of the current agreement, Fireman and Oiler P. J.
Warner was unjustly dismissed from the service of the Carrier following a
formal hearing held on date of August 13, 1980.
2. That accordingly the Carrier be ordered to make the aforementioned P.J.
Warner whole by restoring her to Carriers service with seniority rights
unimpaired, plus restoration of all holiday,. vacation, health and welfare
benefits and all other rights, benefits and/or privileges that she is entitled
to under rules, agreements, customs or law, and compensated for all lost wages
plus 6% annual interest on all such lost wages.
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 employes within the meaning of the Railway
Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisidiction over the dispute
involved herein.,
Parties to said dispute waived right of appearance at hearing thereon.
. The Claimant, a laborer, was dismissed on August 21, 1980, following an
investigation, on charges of falsification of time card and irregular attendance_
The Claimant was charged with falsifying her time card for the date of
July 5, 1980. The Claimant states that she was absent on that day and called
in sick at 6:35 a. m. Although her time card was punched in at 6:34 a.m. and
entered with eight hours worked on July 5, the Claimant says that she did not
make these entries. Furthermore, she states without contradiction, when she
noticed the error in the card, she pointed it out to her supervisor; he then
scratched out his initial for July 5 on the back of the card.
Form 1 _ Award No. 10173
Page 2 Docket No. 9636
2-SP-FO-'84
The Carriers view is that the Claimant
intentionally falsified
her time card
so that she could be paid for July 5 and for the July 4 holiday. This, it
maintains, is evident from the fact that the Claimant's card was punched and
filled in for the fifth and signed for the pay period at the bottom by the
Claimant. Further, the Carrier challenges the reliability of the Claimant's
testimony that she called in sick on July 5, since there was no record of sucl:i
a call in the log book.
The Carrier supports its charge of irregular attendance by pointing out
that the Claimant was absent for five of the seven working days between July 5
and July 15. It notes warnings about her poor attendance on three prior occasions,
after one of which her record was assessed 45 demerits.
With respect to the charge of falsification of the time card, the Board
concludes that the Carrier failed to sustain its burden of proof. in our view,
the evidence does not establish an
intention on
the part of the Claimant to
defraud the Carrier as to her attendance on July 5. This is evident from the
undisputed fact that the Claimant pointed out the erroneous entry to her supervisor
and attempted to have it corrected. It is not for the Claimant to determine
who is responsible for the entries on her time card. Accordingly, the claim
must be sustained with respect to the charge of falsification of the time card.
With respect to the Claimant's attendance, we find that an absence record
of five out.of seven assigned days is very poor. That charge has accordingly
been sustained. We do not agree, however, that this offense alone warrants
dismissal. The Claimant's attendance did improve for a while after three prior
warnings. Accordingly, we find that a thirty day suspension is appropriate.
The claim for interest has no support in the Agreement or in the policy of the
National Railroad Adjustment Board.
A W A R D
The Claimant shall be reinstated and she shall be reimbursed for all wages
lost after thirty days.
NATIONAL RAILROAD ADJUSTMENT BOARD
· By Order of Second Division
Attest
Nancy J!P&Ver - Executive Secretary
Dated at Chicago, Illinois this 9th day of January 1985.