Award No. 10002
Docket No. CL-12171
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Charles W. Webster, Referee
PARTIES TO DISPUTE:
BROTHERHOOD OF RAILWAY AND STEAMSHIP CLERKS,
FREIGHT HANDLERS, EXPRESS AND STATION EMPLOYES
THE CHESAPEAKE AND OHIO RAILWAY COMPANY
(Chesapeake
District)
STATEMENT OF CLAIM: Claim of the System Committee of the
Brotherhood (GL-4844) that:
(a) The Carrier violated the Agreement when, effective January 8, 1960, it dismissed Mr. William Adams, Jr., rom its service.
(b) The Carrier shall now restore Mr. William Adams, Jr.,
to its service with all his rights unimpaired and remove any entry
made on his record.
(c) The Carrier shall now compensate Mr. William Adams, Jr.,
for all loss sustained by reason of his wrongful dismissal.
OPINION OF BOARD: The Claimant was employed in the pay roll
department of the Carrier. In December of 1959 a timekeeper was unable
to reconcile the actual payment made to Claimant with data found on his
time sheets. A post audit was immediately conducted and it was discovered
that over a period of thirty-two months that Claimant has received twenty-five
overpayments ranging from twenty dollars to sixty dollars per day period.
As a result of this post audit, the Claimant was suspended on January
8, 1960 and an investigation was held on January 22nd of the same year.
The hearing extended for 15 days. As a result of the investigation the
Claimant was notified on February 26, 1960 that he was dismissed from
Carrier's service effective January 8, 1960.
The organization requested the restoration of Claimant to service and
the proper appeal procedure as established by the agreement was followed.
The claim was denied at all steps. The claim was finally processed to this
Division.
This referee has carefully studied the record of the hearing in this
case and has come to the conclusion that there is sufficient circumstantial
evidence, if believed, to sustain the position of the Carrier.
[4827
10662-2
483
The record also discloses that the organization and the Claimant were
given ample opportunity to present their version of the case. In light of
this it cannot be said that the Claimant was denied the fair and impartial
hearing established by the agreement.
FINDINGS: The Third Division of the Adjustment Board, upon the
whole record and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and Employe involved in this dispute are respectively
Carrier and Employe within the meaning of the Railway Labor Act, as
approved June 21, 1934;
That this Division of the Adjustment Board has ,jurisdiction over the
dispute involved herein; and
That the Agreement was not violated.
AWARD
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of THIRD DIVISION
ATTEST: S. H. Schulty
Executive Secretary
Dated at Chicago, Illinois, this 19th day of July, 1961.