This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
Claimant was dismissed from the service of the Carrier on October 24, 1994 as a result of an Investigation held on October 5, 1994. Claimant was withheld from service beginning September 17, 1994, pending the Investigation. Claimant was found by the Carrier to have falsified an injury report on September 17, 1994.
The Organization filed this claim on the basis the Investigation was neither fair nor impartial, the charge was not precise, Carrier failed to prove Claimant's guilt, and the Carrier misused its managerial discretion.
A review of the record dictates that the position of the Organization should be sustained.
On June 28, 1994, Claimant notified his Supervisor that at approximately 2:00 P.M. he sustained an injury to the middle finger of his right hand while closing a locomotive cabinet door. At the time, the Carrier's Foreman did not ask the Claimant to fill out an injury report. The Foreman stated he could not see any obvious signs of an injury.
Over the next couple of months there was discussion between the Claimant and various Carrier supervisors. yet none requested the Claimant fill out an injury report.
On September 15, 1994, Claimant saw his doctor because of the swelling in his finger. An X-ray revealed a healed fracture. On September 17, 1994, Claimant reported this to the Carrier's General Foreman. At that time Claimant was requested to fill out an injury report.
On September 17, 1994, Claimant was charged with falsifying an injury report. To this date the Carrier failed to state how the injury report was falsified.
Claimant had 17 years of seniority at the time of the incident with no apparent previous discipline assessed against him. Form 1 Award No. 13219
The Carrier also erred when it suspended the Claimant pending the Investigation. The Carrier did not offer a valid reason for doing so.
The Board will sustain the claim for reinstatement with seniority unimpaired and with pay for all time lost beginning September 17, 1994. However, that portion of the claim requesting that Claimant be made "whole for all fringe benefits including but not limited to, vacation rights and credits, insurance coverage, retirement credits, and all other rights and privileges," is denied. The Schedule Agreement provides:
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) be made. The Carrier is ordered to make the Award effective on or before 30 days following the postmark date the Award is transmitted to the parties.