NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22064
James F. Scearce, Referee
(Brotherhood of Railway, Airline and Steamship
( Clerks, Freight Handlers, Express and
( Station Employes
PARTIES TO DISPUTE:
(The Baltimore and Ohio Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
(GL-8376) that:
(1) The Carrier violated the Agreement between the parties
when, on February 20, 1976, it unjustly dismissed Ms. Lyn E. Thornton
and Mr. R. M. Grosvenor from the service of the Carrier, and
(2) The Carrier, as a result, shall now reinstate Ms. Lyn
E. Thornton and Mr. R. M. Grosvenor to their former positions with
all rights unimpaired and reimburse them for wages lost from February 21,
1976 to date reinstated.
OPINION OF BOARD: This case involves an extra employe (Claimant
Thornton) who was assigned by Carrier to "post"
as an Operator-Leverman student with the regularly assigned Operator
(Claimant Grosvenor) at Bridge #460, Cleveland, Ohio. Claimant
Thornton claimed and was allowed eight (8) hours' pay for each day of
her posting time. Claimant Grosvenor claimed and was allowed an
additional $5.00 as provided for in Rule 70 of the Agreement for each
day that the student was assigned to post with him.
In the course of a routine follow-up by Carrier on Claimant
Thornton's progress, it came to light that she had not posted a full
eight (8) hours on any workday during the period November
4,
1975
through February 6, 1976, and, in fact, on at least seven dates did
not report at all despite the fact that she claimed and was allowed
eight
(8)
hours' posting time for such dates. During this same
period, Claimant Grosvenor had verified Claimant Thornton's daily
time claims, and, in addition, had himself claimed and was allowed a
full $5.00 posting allowance on each workdate during the period.
Both Claimants were subsequently dismissed from service
following a hearing on charges arising from their actions in the
matter.
Award Number 21962 Page 2
Docket Number CL-22064
We have carefully reviewed the entire record in this case
and have considered all of the arguments advanced by all parties
concerned. It is apparent from the testimony of record, including
Claimants` own admissions and the uncontroverted testimony of
Carrier's witnesses, that there is substantial evidence to support
the charges. The discipline administered by Carrier is commensurate
with the gravity of the proven offenses and we will not substitute
our judgment for that of the Carrier.
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
_w-
That the Agreement was not violated.
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A W A R D
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Claim denied. ~Ji-
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NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTE-ST: 6Executive Secretary
Dated at Chicago, Illinois, this 15th day of March 1978.