NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Locket Number MW-25416
Eckehard Muessig, Referee
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Louisiana
6
Arkansas Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood that:
(1) The thirty (30) days of suspension imposed upon Machine Operator
N. R. Wiggins for allegedly "reporting yourself for ten hours pay when you left
work at approximately 3:40 P. M. that day when your regularly scheduled quitting
time was 5:30 P. M.' was without just and sufficient cause and on the basis of
unproven charges
(Carrier's File 013.31-2631.
(2) The claimant's record shall be cleared of the charge leveled
against him and he shall be compensated for all wage loss suffered.
OPINION OF BOARD: This dispute arose after the Carrier found that the Claimant
had improperly submitted time on his payroll report for hours
in excess of what he actually worked.
To arrive at its finding of guilt, the Carrier primarily relied upon
testimony of one of its officials who essentially stated that he could not find
the Claimant about his work site on the date in question.
The Board finds that the Claimant's assertion that he was on the
property until quitting time is not supported by the record. Under the
circumstances, the Board finds no basis for disturbing the Carrier's decision.
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:
G
Nancy J r - Executive Secretary
Dated at Chicago, Illinois, this 15th day of March 1985.