Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10206
SECOND DIVISION Docket No. 10126
2-SP-SM-'85
The Second Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
( Sheet Metal Workers International Association
Parties to Dispute:
( Southern Pacific Transportation Company
Dispute: Claim of Employes:
(1) That claimant be restored to service with all seniority rights unimpaired.
(2) Compensate claimant for all time lost in addition to an amount of 10%
per annum compounded annually on the anniversary date of claim.
(3) Make claimant whole for all vacation rights.
(4) Pay the premiums for hospital, surgical and medical benefits for all
time claimant held out of service.
(5) Pay the premium for Group Life
insurance for
all time claimant held out
of service.
(6) Pay claimant for all contractual holidays.
(7) Pay claimant for all contractual sick pay. °
(8) Pay claimant for all insurance premiums.
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 jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
On March 2, 1982, the Carrier held an investigation pursuant to proper notice
to determine if Claimant had falsified a report of an accident.
Subsequent to the investigation, the Employe was notified that he had been
found guilty of violating one part of a Carrier's rule, regarding dishonesty, and
he was dismissed from the service.
Form 1 Award No. 10206
Page 2 Locket No. 10126
2-SP-SM-' 85
The key issue in this dispute is whether the Claimant had an ear problem as a
result of a work incident. A number of possible causes are cited as to how it
could have occurred while he was in a duty status. However, the Carrier found
evidence in the hearing record to lead it to a conclusion that the Claimant was
dishonest "in reporting an injury that could not have happened in the manner
reported".
The Board has thoroughly reviewed the
entire record
and considered the many
difficult issues raised therein. We find, given the facts and circumstances of
evidence, that
permanent dismissal
is an overly severe penalty. The time that
Claimant has been out of service should constitute sufficient discipline. Accordingly,
the claim is sustained to the extent that the Claimant will be restored to the
service, with seniority rights unimpaired, but without compensation for time lost
while out of service.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy ver - Executive Secretary
Dated at Chicago, Illinois, this 16th day of January 1985.