NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22744
(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-8666) that:
(1) Carrier failed to adhere to the Agreement between the Parties
when, on the date of February 9, 1978, Report Clerk R. T. Sieger, was
improperly assessed discipline of dismissal from Carrier's service, and
(2) Carrier as a result thereof, shall now restore Mr. R. T. Sieger
to service and compensate him for time lost beginning February 9, 1978 and
each subsequent date until he is restored to Carrier's service.
OPINION OF BOARD: Claimant, with about seven years of service, was third
shift
Report Clerk
in Carrier's Train master's office
at Cincinnati, Ohio. On January 18, 1978, he was notified:
"Arrange to attend investigation in the Office of the
Assistant Superintendent, 2815 Spring Grove Avenue,
Cincinnati, Ohio at 9:00 A.M., Monday, January 23, 1978.
You are charged with submitting falsified doctor certificates dated October 6, 1977, December 20
January 16, 1978 in order to collect sick time payment
for October 2, 1977, December 20, 1977 and January 16,
1978.
Arrange for any representation and/or witnesses you may
desire."
The investigation was postponed, by agreement, and conducted on
January 25, 1978. Following the investigation, claimant was notified of
his dismissal from service effective February 9, 1978. A copy of the
transcript of the investigation has been made a part of the record.
The Board has carefully reviewed the entire record and finds that
none of claimant's substantive procedural rights was violated. There was
substantial evidence adduced at the investigation, including claimant's
Award Number 22739 Page 2
Docket Number CL-22744
admissions, in support of the charge against claimant and Carrier's action
in imposing the discipline that it did. There is no proper basis for the
Board to interfere with the discipline imposed.
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 29th day of February 1980.