NATIONAL RAILROAD ADJUSTMENT HOARD
THIRD DIVISION Docket Number
MS-23339
(Richard F. Ogden
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: "1. My discipline of
20
days deferred suspension for
quote improper submittal of payroll cards for payment
to J. Ahner, Yard Master July
5, 7
August
2, 4, 1978;
J. Windrem, Yard
Master, August
5, 1978,
W. F. Meith, July
8
August
3, 60 1978
causing ad
ditional expense to Conrail while you were on duty as Clerk Steno at
oak Island, Newark, New Jersey; and violation of failure to abide by
Bulletin Number
14
dated
8/1/77
was in violation of the collective
bargaining agreement,
2.
That my record should be cleared of the 20 day deferred
suspension as per collective bargaining agreement."
OPINION OF BOARD: Claimant was charged with improperly performing his
duties on July
5, 7
and
8, 1978
and August 2,
3, 4, 5
and
6, 1978.
Specifically, the Carrier alleged that claimant, without
authorization, submitted payroll cards, which caused the Carrier to pay
certain yardmsaters eight additional hours of straight time pay for weighing
cars (though the yardmasters actually worked only eight hours). The Carrier
also charged the claimant with failure to obey written instructions contained
in Bulletin No.
14
dated August 1,
1977.
On September
8, 1978,
the Carrier
sent the claimant notice to attend an investigation which was duly held on
September 20,
1978.
As a result of the investigation, the Carrier assessed
a twenty day deferred suspension against claimant.
The claimant has raised a plethora of procedural objections regarding the timeliness and substance o
these objections, we find they are without merit. The investigatory process
was commenced within the appropriate time limits since the Carrier did not
learn of claimant's alleged offenses until, at list, August 10,
1978.
The
notice of investigation was sufficiently precise in apprising claimant of
the charges brought against him.
On the merits of the claim, the employs contends that he was merely
performing the ministerial act of recording the number of hours set forth on
the yardmasters' time sheets in the appropriate space on the payroll time
cards. The claimant disavows all responsibility for inaccuracies on the
time cards asserting that this dispute is really between the Carrier and the
yard masters. The Carrier maintains that claimant is responsible for accurately
reporting the hours and any wage claims must be approved by the appropriate
Award Number
23375
Page
2
Docket Number
MS-23339
Carrier officer before the claimant submits the time cards. According
to the Carrier, the claimant knee that the yardmasters worked ,just eight
hours on the days in question and so the recording of an additional eight
hours (for weighing cars) on these days wee improper unless claimant procured the prior approval of
argued, claimant cannot possibly be guilty of improperly submitting time
cards for August,
1978,
since claimant had transferred to another position
on July
26, 1978
and did not even sign the August time cards. The Carrier
submitted evidence showing that while claimant did not sign the August
time cards, he nevertheless filled is the hours because he was teaching
his successor how to perform the work.
The claimant had the responsibility to properly sad accurately
report the yardmeatera' hours on the time cards. According to his written
instructions, he had no authority to report hours beyond those actually
worked without the express approval of the appropriate Carrier official.
A review of the record convinces us that there is substantial evidence
proving claimant knee that the yaxdmsatera had not worked the additional
eight hours on the dates in question and he failed to procure proper
authorization to report the additional eight hours on July 5, 7 and
8, 1978.
Claimant did testify that he received authorization to report some of the
additional hours but, inexplicably, he could not identify the Carrier official
who made the authorization. Claimant's actions were clearly contrary to his
written instructions.
In addition, claimant continued to be primarily responsible for
improperly submitting payroll cards in August,
1978
even though he no longer
occupied the timekeeper position. The claimant's successor, seeking assistance in learning her new f
on the August time cards. Thus, claimant was still performing timekeeper
functions after July
26, 1978.
Giving the gravity of claimant's offense and the problems it caused
the Carrier, we find no ,justification for upsetting the Carrier's assessment
of discipline. We recognize that claimant had a good prior work record but
a twenty day deferred suspension is reasonable when the seriousness of the
offense is balanced against the claimant's work record.
FINDINGS: The Third Division of the Adjustment Board., after giving
the pasties to this dispute due notice of hearing thereon., and
upon the whole record sad all the evidence, finds sad holds:
That the Carrier and the Employes involved in this dispute are
respectively Carrier and Employes within the meaning of the Railway Labor
Acts as approved June
21., 1934;
Award Number
23375
Page
3
Docket Number
MS-23339
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
15th
day of September
1987.·