NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-19513
(Brotherhood of Railway, Airline and Steamship Clerks,
PARTIES TO DISPUTE: (Freight Handlers, Express and Station Employes
(
(Chicago, Milwaukee, St. Paul and Pacific Railroad Company
STATEMENT of CLAIM: Claim of the System Committee of the Brotherhood (CL-7001)
that:
1) Carrier's action in dismissing F. A. Herner from service
in connection with the charges preferred against him was capricious, arbitrary
and without just cause.
2) Carrier shall now be required to clear employe Herner's record
of the charge and compensate him for all losses sustained.
OPINION
OF BOARD: The claimant, Mr. F. A. Herner, was charged by the Carrier
for misrepresenting facts relative to absenting himself from duty; for falsely
csaiadmg sick leave payment for the day he absented himself from service and
for presenting a fraudulent Doctor's Certificate in support of his sickness
on the date in question.
Following a formal investigation of the claimant, the Carrier
found him guilty of the charges and therefore dismissed him from service
effective May 5, 1970. He was subsequently reinstated to service by the
Carrier on a leniency basis, effective May 25, 1970. The Claimant's claim
before this Board is that the Carrier shall now be required to clear his record
of the charges and compensate him for the thirteen (13) days he was out of
service.
The record in this case contains sufficient evidence which conclusively indicates that the Claim
this Board will not substitute its judgment for that of the Carrier and will
deny the claim.
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 the Employes involved in this dispute are
respectively Carrier and Employes 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
The Agreement was not violated.
Award Number 19843
Docket Number CL-19513 Page 2
A W A R D
The claim is denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
4a.Al.
r .
xecutive Secretary
Dated at Chicago, Illinois, this 13th day of July 1973.