NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-23196
Paul C. Carter, Referee
(Brotherhood of Railway, Airline and Steamship Clerks,
PARTIES TO DISPUTE: ( Freight
Handlers,
Express and Station Employee
(Missouri Pacific Railroad Company
STATMENT OF CLAM Claim of the System Committee of the Brotherhood
(GLr8900) that:
1. rXrrier violated the Agreement between the parties when it
withheld Mr. E. J. Holman, Jr. Evan its service and subsequently dismissed
him tram its service following formal investigation held April
21s 1978,
after failing to prove Mr. Holman vas guilty of the allegation placed
against him. (Carriers File
205-5352).
2. Carrier's action in dismissing Mr. Holman from its service
on an unproven allegation van unjust, unreasonable and an abuse of discretion.
3.
Carrier shall nor be required to return and reinstate
Mr. Holman to its service with all seniority rights unimpaired and compensate him for any and all. l
4. Carrier shall. nor be required to expunge the investigation
transcript and all. references thereto from Mr. Holman's personal record.
OPISIO! Cdr' BOARD: Claimants wbo had been in Carrier's service about twemtr·
threw years., was assigned an Interline Analysts
7:55
A.H.
to 4:40 P.91.s seal period. 1$M P.N. to 1:05 P.M.
On lume, 15s
19Tis
the firrier's Director of Revenue Accounting
issued the followiaa instructions to All lapleyesr
*You are cautioned to obey the rules regarding
the cashing of paychecks on payday at the lest
15
minutes of the work day. When you sign the
test Form
33315
far peraissioa to leave the
office 15 s early to go to Marreantile
Hank across the street for the purpose of cash
ing
your paychecks, you must
go
to that bank and
cask the cheek within the alloted time.
Award Number 23112 Page 2
"7mrestigation discloses that there have been
violations regarding this practice and this
will sere as a warning that such violations
will not be tolerated in the future.
"fployees that do violate this practice will
be taken out of service and a formal investigation will be held which may lead to dismissal from ser
On April
14, 1978,
claimant vas instructed to report to the
office of Manager of Revenue Accounting, on Wednesday. April
19, 1978,
for formal investigation:
" to develop the facts and place the
responsibility, if any, is connection with
the charge that you failed to comply with
instructions concerning cashing of pay
checks during assigned hours and the
Charge that yon loth your point of eaploy
eeat and absented yourself frog your assign
ed duties without proper authority at approx.
imatelyr
9:15,
April
14, 1978,
in order to cash
your paycheck at Mercantile Trust Oompang,
15th and Olive Streets, St. Louis, Missouri.
"This is to advise that you are being withheld from service pending investigation.
"Please arrange for representative of your
choice and any witnesses desired by you.
"This investigation will be conducted pursaaat
to Rule 18 of the Agreement."
By agreement, the investigation was postponed to April 21,
1978.
A copy of the transcript of the investigation has been made a part of the
record. From oar review of the transcript, we find that none of claimant's
substantive procedural rights was violated. At the beginning of the investigation, claimant's repres
and precise. We consider the charge sufficiently precise-to enable
claimant
and his Lopesentative to prepare a defense. It stated the alleged violation
Award Ybber 23112 Page 3
Docket Humber CL-23196
and the date and the time of such violation. Other objections were raised
by claimant's representative, none of which the Board considers of sufficient
significance to invalidate the proonedings. On April 251, 1978., chat
was notified of his dismissal from service.
The Hoard bas carefully reviewed the entire record and finds substantial evidence is support of
claimant.
There were
conflicts in the evidence addaeel at the investigation, but it is well
settled that this Hoard will not weigh evidence,, attempt to resolve conflicts therein, or pass upon
previously been disciplined for a similar offense to the extent of what
amount-ad to a one-day suspension. However., the Board does conclude that
the time that claimant has been out of service should, serve as sufficient
discipline. We will award thpt he be 'restored to the service with
seniority and other rights unimpaired., but without pay for time lost
while out of service.
FMIMS: The
Third Division of the Adjustment Hoard., upon the whole
record and all the evidence, finds and holds:
That the parties waived oral hearing;
That the Carrier and the &ployes involved in this dispute are
respectively Carrier and Employee within the Omani"g of the Railway Labor Act,
as approved June 21., 1934;
That this Division of the Adjustment Hoard has jurisdiction over
the dispute involved herein; and
That the discipline imposed was excessive.
A W A R D
Claim sustained in accordance with the Opinion.
NATIONAL RAILROAD AWUS240T BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago,, Illinois, this 15th .day of January 1981.