NATIONAL RAILROAD ADJMWW BOARD

Award puaber 23525

THIRD DIV13ION Doskst Number XW-238W

Paul C. Carter, Referee

(Brotherhood of Maintenance of Way 1Aoployros PARTIES TO DI$PVfB;

(Consolidated Real Corporation

3TATOMT Of CLAIM: "Claim of the System Coemittee of the Brotherhood that:

(1) The dismissal of Timekeeper H. W. Hampton far alleged 'Falsification of daily time cards' vas without just and sufficient cause, arbitrary capricious and wholly disproportionate to such a charge (System Dearer 384>.

(2) Timekeeper H. W. Hampton shall be reinstated with seniority and all other rights unimpaired affil be noi.yenaated for all wage lose suffered."

OPINION OF HOARDS The record share that claimant entered the service of the
Carrier on April 12, 19"(2 as a trackman* At the time of the occurrence giving rise to the dispute herein, he held the position of timekeeper for 3T 246 raising gang, Lake Seniority District No* 1.

On October 9, 1978, dsisant was notified to attend. s trial on October 17, 1978, an the charger

"FsLifiaation of daily time cards 9/5, 9/6, 9/7,

9/19, 9/26, 9/27, 1978."

The trial or investigation coomenced. as scheduled.. with the claimant present and represented, bat was recessed until October 19r 1978· A copy of the trial record has been made n part of the reeoael before the Hoard.

The Hoard has carefully reviewed the entire record in the case. While we are convinced that daiaaat did not properly report his time, at the same time it is quite apparent that a loose practice hoe been permitted., which should be straightened out by the (terrier.

While claimant deserved discipline, permanent dismissal was excessive. We will award that he be restored to the service with seniority unimpaired, but without any compensation far tine lost while out of service.

P'Il'Q)IIg:3: The Third Division of the Adjustment Board, upon the whole record sad all the evidence, finds and holds:

That the parties waived oral hearing;

Award lfuabsr 23525 Page 2

Docket Hasher 1·23892

Mat the (terrier and. the Jkployea involved !n this dispute are respectively (terrier and Employee within the oeaaiag of the Rsilwy Labor Acts an approved Jam 24 1934;

That this Division of the Adjustment Board has jurisdiction aver

the dispute involved herein; and

That permanent dismissal was excessive*

A W A R D

Claim sustained in accordance with the Opinion.

NATIONAL RAILROAD AWM!MMff BOARD

By Order of Third Division

ATTEST: a /W.

Execative Secretary

Dated at Qaiasgo, nlinois, this 26th day of February 1982.

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