Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11319
SECOND DIVISION Docket No. 9578
2-HB&T-F&0-'87
The Second Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
(International Brotherhood of Firemen & Oilers
Parties to Dispute:
(Houston Belt & Terminal Railway Company
Dispute: Claim of Employes:
1. That the Carrier's action in dismissing Mr. C. L. Francis from
service on March 9, 1981, was indeed harsh, out of proportion, excessive and
constituted an abuse of discretion.
2. That accordingly, the Houston Belt and Terminal Railway restore
Mr. C. L. Francis to service -
(a) With his seniority rights unimpaired;
(b) Compensation for all time lost, plus 12% annual
interest;
(c) Make whole all vacation rights;
(d) Paid premiums (or hospital dues for hospital, surgical,
and medical benefits for all time held out of service;
(e) Pay premium for his group life insurance for all 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 cattier 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.
Claimant was employed as a Laborer at Carrier's Milby Street Shop in
Houston, Texas. On two occasions in February 1981, he claimed time for which
he did not work. He was charged with falsification of his time card on these
two occasions. As a result of this and his absenteeism, he was removed from
service. An Investigation into the matter was held on March 5, 1981. As a
result of that Investigation, Claimant was found guilty as charged and
dismissed from service.
Form 1 Award No. 11319
Page 2 Docket No. 9578
2-HB&T-F&O-'87
This Board has carefully reviewed the record of this case, including
the Transcript of the Investigation and we concur with Carrier's actions in
this instance. Claimant was a short-term employe (six months), who falsified
his time card on two occasions and was frequently tardy or absent from work.
Carrier is not obligated to give such employes a second chance.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
Nancy J. e - Executive Secretary
Dated at Chicago, Illinois, this 26th day of August 1987.