NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-22138
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Burlington Northern Inc.
STATEMENT OF CLAIM: Claim of the General Committee of the Brotherhood
of Railroad Signalmen on the Burlington Northern
(former Colorado & Southern Railway Company):
On behalf of W. M. Barrett, who was dismissed following an
investigation held on November 5, 1975, for reinstatement as Signal
Maintainer at Trinidad, Colorado, reimbursement for all wages lost
while out of service, and for the restoration of seniority to the
proper position on the seniority roster.
1Carrier file:SI-20 6/3/767
OPINION OF BOARD: Claimant has raised certain procedural objections
in this case, paramount among which is the
allegation that the hearing notice was defective because it did not
specify a particular Rule as having been allegedly violated.
The formation of a charge and the giving of notice thereof
in the railroad industry need not meet all of the technical language
of a criminal complaint. This Board has on numerous occasions ruled
that it is sufficient if it appears from the record that the one
charged understood that he was being investigated and that he understood the dereliction which forme
absence of mention of a particular Rule or Rules does not ear se
render the hearing notice defective in this case. In fact, our review
of the entire record fails to show that there were any procedural
deficiencies which would preclude this Board's consideration of this
case on its merits.
The record contains substantial evidence to indicate that
Claimant was in fact guilty of dishonest actions. To be sure,
Claimant attempted at the hearing to mitigate his derelictions and
to cast the yoke on to his ex-wife. However, the testimony of Carrier's
three witnesses relative to Claimant's admissions remains, in all
substantial aspects, uncontroverted.
Award Number 22119 Page 2
Docket Number SG-22138
While we are not unmindful of the serious and final nature
of discipline by dismissal neither can we forget that dishonesty in
all of its shapes and sizes is a serious matter which, when proven,
this Board has repeatedly held to be sufficient cause for dismissal.
Such is the situation here.
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:
i
Executive Secretary
Dated at Chicago, Illinois, this 16th day of June 1978.