NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number CL-25449
James Robert Cox, Referee
(Brotherhood or Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Missouri Pacific Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-9840) that:
1. Carrier violated the Rules Agreement between the parties, when it
dismissed Mrs. L. P. Robinson from its service as a result of investigation
held Friday, August 27, 1982.
2. Carrier's action was unjust, arbitrary and an abuse of discretion.
3. Carrier shall now be required to return and reinstate Mrs. Robinson
to its service with all seniority rights unimpaired and compensate her for any
and all losses sustained.
4. Carrier shall now be required to expunge the investigation transcript
and all references thereto from Mrs. Robinson's personal record.
OPINION OF BOARD: Claimant Robinson, an Engine Dispatcher in the North Little
Rock Diesel Shop of the Carrier, had a regularly scheduled
work week of Saturday through Wednesday, with Thursday and Friday as rest days.
At the time of her Dismissal from the Service, her position paid $91.45 per
day. She kept her own time, making out an OCR payroll card and checking that
she worked July 16, 1982, a Friday and her normal day of rest. Claimant testified
that to the best of her recollection she was late turning in her timecard, and
had made an honest mistake. Her timecard indicated that she had worked six
straight days. Claimant's check for the second period in July, 1982, was issued
July 31st in the amount of $476.33 -- for twelve days pay less deductions.
On her payroll card Claimant did list "Thursday" and "Friday" as rest
days. The timecard showed 96 hours worked during the sixteen day second half
of July period.
Following a Hearing, Claimant Robinson was dismissed for falsifying
her payroll card for July 16, 1982. She had been in the service of the Carrier
since March, 1973, with a clear discipline record.
The importance of accurate timekeeping cannot be overemphasized.
Employes who fill out their own time have a special responsibility to be accurate.
Award Number 25228 Page 2
Locket Number CL-25449
Claimant was clearly negligent when, knowing she worked a five-day
week, she entered an "X" for six consecutive days. She was also remiss by not
reporting to Carrier that her check was approximately 10% larger than during a
normal ten-day pay period. The Board does recognize, however, that the second
payroll period in July, 1982, added a ninth work day to Claimant's regular schedule
because July has 31 days. We also note that the General Foreman approved the
accuracy of the hours recorded on the timecard.
The Board finds that while Claimant negligently and improperly submitted
an inaccurate timecard, her act was not so culpable as to warrant Dismissal
from the Service. The Board finds that Claimant should be reinstated with
seniority rights unimpaired but not compensated for any lost pay.
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 discipline was excessive.
A W A R D
Claim sustained in accordance with the opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
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Attest:
Nancy J. r - Executive Secretary ~~" j
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Dated at Chicago, Illinois, this 31st day of January 1985.