NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number 26259

THIRD DIVISION Docket Number MW-26245

Edward L. Suntrup, Referee

(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE:

(The Kansas City Southern Railway Company

STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:

(1) The five (5) days of suspension imposed upon Laborer G. A. Skelton for alleged 'plea of guilty to charge of second degree forgery on August 11, 1983' was without just and sufficient cause and on the basis of unproven charges (Carrier's File 013.31-292)

(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: The Claimant was advised on October 31, 1983, to attend an
investigation to determine facts and place responsibility,
if any, in connection with his alleged plea of guilty to a charge of second
degree forgery on August 11, 1983, in the LeFlore County (Oklahoma) District
Court. The Claimant was charged with alleged violation of the following Rules
and Regulations of the Carrier's Maintenance of Way Department.

"General Notice - The public ,judges a railroad by the appearance and conduct of its employees, quality of service, and condition of the property. Courteous, considerate treatment of patrons is of first importance in retaining and increasing our volume of business, and also governs the extent of opportunity for employment in the railroad's service."

"Rule N - Courteous deportment is required of all employees in their dealings with the public, their subordinates and each other. Employees who are careless of the safety of themselves or others, who are guilty of acts of insubordination, incompetency, willful neglect of duty, making false reports or statements or concealing facts concerning matters under investigation will be subject to dismissal."

After the Investigation was held on November 11, 1983, the Claimant was advised on December 29, 1983, that he had been found guilty as charged and he was assessed a five (5) day suspension "...to have been served during time (he was) off before November 14, 1983."

Award Number 26259 Page 2

Docket Number MW-26245

A review of the record shows that the Claimant was sentenced to two (2) years' probation, with requirement for restitution, for second degree forgery by the District Court of LeFlore County, Oklahoma. This sentence was issued on August 11, 1983. On merits the Claimant is guilty of violation of the Rules at bar.

The Organization raises a procedural objection on the grounds that the Carrier was in violation of Rule 13 of the operant Agreement. The Board has studied the record and fails to find sufficient evidence of probative value to sustain such contention. This objection must, therefore, be dismissed.

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, 1Q34;

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 ~00ver - Executive Secretary

Dated at Chicago, Illinois, this 20th day of March 1987.