NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-26207
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Consolidated Rail Corporation
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Trackman R. Morio, Jr. for alleged 'misuse of
Company facilities' was arbitrary, unwarranted and on the basis of unproven
charges (System Docket CR-434-D).
(2) The claimant shall be reinstated with seniority and all other
rights unimpaired, his record cleared of the charges leveled against him and
he shall be compensated for all wage loss suffered."
OPINION OF BOARD: Claimant was dismissed following a Hearing on basis of
which Carrier held him responsible for telephone billings
not authorized, but charged to Carrier's account.
Carrier presented substantial evidence that personal calls, totalling
$32.56 in phone charges made against Carrier, were placed on Claimant's premises from the private te
in his testimony to making two such unauthorized calls charged to Carrier.
The Board confirms the discipline but believes the punishment was excessive.
We therefore award that Claimant be reinstated with seniority and all
other rights unimpaired, but without compensation for time lost, and with
$32.56 as restitution due Carrier to be deducted from Claimant's pay at outset
of resuming his duty with Carrier. Claimant's conduct appears from the transcript of proceedings to
Hearing, and explicit testimony and comment by him reflect an unbecoming and
indeed unfortunate attitude on his part.
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;
Award Number 26113 Page 2
Docket Number MW-26207
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
Attest:
Nancy J. - Executive Secretary
Dated at Chicago, Illinois this 19th day of September 1986.
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