NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-24950
Hyman Cohen, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Southern Pacific Transportation Company
(Eastern Lines)
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The suspension of Welder Foreman T. J. Cox from February 2, 1982
through February 15, 1982 for alleged violation of "Rule 801" was arbitrary, capricious
unwarranted and on the basis of unproven charges (System File MW-82-88/346-66-A).
(2) The claimant's record shall be cleared of the charge leveled against
him and he shall be allowed eighty (80) hours of pay at his straight time rate
because of the violation referred to in Part (1) hereof.
OPINION OF BOARD: The Claimant is employed as a Welder Foreman at the Carrier's
rail welding plant in Houston, Texas. He was suspended for ten
(10) days for violation of Rule 801 because he falsified his time roll for overtime
on January 16, 1982 and January 23, 1982, dates on which he did not work.
The Claimant acknowledges that he placed time for which he did not work
on his time roll for January 16, 1982 and January 23, 1982 because of his
understanding
from a "July 1981 meeting" that if he was contractually entitled to overtime he
was permitted to place it on his time roll even though he did not work such overtime.
It may very well be that the Claimant did not intend to be dishonest or
wilfully disobedient to the Carrier's rules. In this connection, Rule 801 provides,
in relevant Dart:
"Employees will not be retained in the service who are ***
dishonest ***."
By itself, placement of time not worked by the Claimant on his time roll
creates a strong inference of dishonesty. As stated in Second Division Award No.
7817:
"Claim for pay for time not worked and not otherwise compensable is a serious matter going to
employment relationship. If the claim for pay was simply
a mistake, the employee making the error must be prepared
to offer proof and logical reasons for the error; otherwise any false claim upon its discovery could
by claiming 'mistake'. *··" -
Award Number 24917 Page 2
Docket Number MW-24950
In the instant case the Claimant relies upon a vague "understanding" at
a "July 1981 meeting" for justification in placing time on his time roll for days
on which he did not work. The Board cannot conclude that credible proof was offered
by the Claimant to justify the "understanding" or mistake. As a result, the Board
concludes that the claim should be denied.. Moreover, in light of the seriousness
of the offense committed by the Claimant, the Board cannot conclude that the penalty
of the suspension for ten (10) days is excessive.
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:
Nancy,/J,/fJever - Executive Secretary
47 Dated at Chicago, Illinois this 30th day of July 1984.