NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-20791
William M. Edgett, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Norfolk and Western Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Hoisting Engineer G. C. Jennings was arbitrary, without just and sufficient
the offense allegedly committed by the claimant. (System File MW-FTW-73102)
(2) The Carrier failed to fix a date for an investigation within
the ten day time limit stipulated within Rule 22(a).
(3) Claimant be reinstated with all seniority and vacation rights
unimpaired and be made whole for all wage loss suffered all in accordance
with Rule 22(e).
OPINION OF BOARD: Claimant was dismissed from Carrier's service after an
investigation which showed that he had falsified his expense account for the months of October a
He was charged with the same offense for the month of April, 1972
and was suspended following an investigation which took place on that charge
on January 18, 1973.
The Organization asserts that the investigation of the October -
November period did not comply with Rule 22 (a) of the Agreement. That
Rule provides that "rhe date for the investigation shall be fixed within
ten days after the date charged with the offense or held from service."
Claimant was charged with the offense in a letter dated March 6,
1973 which reads:
"You are hereby charged with having falsified your
expense account (Comp. 119) for the months of
October and November, 1972, as they concern your
motel expenses.
"A hearing will be held on the above charge in the
Conference Room, Fort Wayne Division Office, 8111
Nelson Road, Fort Wayne, Indiana, at 10:00 A.M.,
Standard Time, Tuesday, March 13, 1973.
Award Number 20681 Page 2
Docket Number MW-20791
"You may arrange to have witnesses and/or
representatives present in accordance with the
effective working agreements."
The hearing was held on March 13, within the period provided by
the Rule. However, the Organization takes the position that a letter dated
December 29, 1972 charged him with the same offense and therefore the investigation was not held wit
"Your expense account for the months of October
and November, 1972, have been approved in part.
Payment of all lodgings are being withheld until
after your hearing."
A fair reading of the letter supports Carrier's position that the
hearing referred to in it does not pertain to the October and November
accounts, but to the hearing on the April account. That hearing had been
set for other dates and postponed.
The charge, within the meaning given that term in Rule 22(a), was
made on March 6, 1973 and the investigation was conducted as required by
the Rule.
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
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 17th day of April 1975.