NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-24970
Eckehard Muessig, Referee
(Brotherhood of Maintenance of Way FSnployes
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company (Eastern Lines)
STATEMENT OF
CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Track Foreman D. L. Hubbard for alleged violation
of Rules '801' and '809' was arbitrary, unwarranted and on the basis of unproven
charges (System File MW-82-101/346-94-A).
(2) The claimant shall be reinstated with seniority and all other
rights unimpaired, his record cleared and he shall be compensated for all wage
loss suffered."
OPINION OF
BOARD: The Claimant, herein, was dismissed from the Carrier's service
on the finding that he made various personal long distance telephoi
calls that were charged to Carrier and that he improperly posted eight hours of
work on the time roll.
We have reviewed the record in its entirety and have found that the
finding of guilt was not an unreasonable one. Moreover, on the basis of this
record, we find that the Carrier's actions were not arbitrary or capricious and
the claim will be denied.
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.
Award Number 24803 Page 2
Locket Number MW-24970
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
ATTEST:
Nancy ver - Executive Secretary
Dated ac Chicago, Illinois, this 30th day of April, 1984
