NATIONAL RAILROAD ADJUSTMENT HOARD
THIRD DIMION Docket Number W-21196
Joseph A. Sickles, Referee
(Brotherhood of Maintenance of Way Employee
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
( (Pacific Lines)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Track Laborer D. C. Collin was improper,
unwarranted and without just and sufficient cause ffystem File 011-181
(Cf.
(2) Claimant D. C. Collin be reinstated with seniority and all
other rights unimpaired, his record be cleared and he be compensated for all
wage loss suffered in compliance with Rule 45(b).
OPINION OF BOARD: On July 25,
1974,
Claimant advised Carrier that he had
been inured on July 23,
1974
- but that the injury was
not job-related, On September 26,
1974
Claimant altered his prior statement,
and asserted that the July 23,
1974
accident occurred while on duty on
Carrier's premises..
Claimant was cited for an investigation on a charge of "dishonesty"
in violation of Rule 801. Subsequent to investigation, Claimant was dismissed.
It is conceded that the Claimant's July statement was improper,
but he claims that he was, in some manner, protecting the interest of the
Roadmaster. However, there is no indication in the record to suggest that
the Roadmaster ever requested the incorrect statement, or - for that matter
- that he was even aware of Claimant's intention at the time.
Carrier has presented substantial evidence to support the charge
and the dismissal.
FINDING: 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
Award Number 21005 Page 2
Docket Number W-21196
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 12th day of March 1976.