NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number SG-26908
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Missouri-Kansas-Texas Railroad Company
STATEMENT
OF
CLAIM: "Claim in behalf of the General Committee of the Brotherhood of Railroad Signalmen
Railroad Company:
On behalf of M. R. Myers for reinstatement with all time lost, including punitive and holiday pa
Carrier file 2619."
OPINION
OF
BOARD: In seeking reimbursement for expenses while assigned in
Dallas and in Houston, Texas, Claimant submitted receipts
for lodgings which contained little or no identification of the supplier of
the services. Carrier reimbursed the expenses but later scheduled an Investigation and repeatedly re
and telephone numbers of the suppliers. Claimant delayed furnishing the information and finally took
friend and paid rent to, and received receipts from, that friend. He also
stated this arrangement was known to his Supervisor. He could not remember
the name of the Houston motel although he had stayed there on two separate
occasions.
At Investigation it was shown that the friend with whom he claims to
have roomed in Dallas was unknown at the building. Claimant then contended
the apartment was rented in the name of his friend's girl friend. It also
appeared the apartment complex had had a different name from that on the
receipts for over four years.
Subsequent to the Investigation Carrier obtained additional information regarding the Houston re
and urges this Board to consider it now. Although this information may not
have been available prior to the Investigation because of Claimant's failure
to disclose in a timely fashion we conclude we should not deviate from our
traditional position "that evidence submitted after the conclusion of an
investigation is inadmissible" (Third Division Award 20765).
After the Investigation Claimant was notified of his dismissal by
Engineer - Communications and Signals Phillips.
Award Number 26400 Page 2
Docket Number SG-26908
On October 2, 1984, the General Chairman appealed to the Assistant
Vice President. His letter of appeal shows copies to Phillips and others. In
a February, 1985, letter to Carrier the General Chairman requested copies of
certain letters as he had misplaced his copies, including his letter to Phillips. Carrier furnished
Since then Carrier has contended Phillips' decision was not properly appealed.
We see no merit to that position. The letter of Appeal was clearly received
by Carrier. That is not disputed. That letter shows Phillips was copied.
The General Chairman having misplaced _his copy affords us no reason to speculate the copy to Philli
notice to Phillips.
The sketchy, incomplete information Claimant submitted and his dilatory tactics in furnishing ad
made it difficult for Carrier to determine their validity. This raised legitimate questions on Carri
Claimant in the position in which he now finds himself. Nevertheless we
conclude the ultimate penalty of dismissal was excessive and shall require
that Claimant be reinstated to his position with seniority unimpaired, but
with no compensation for loss of earnings.
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
Attest:s e-00,4,
ze=~
Nancy J. D ver - Executive Secretary
Dated at Chicago, Illinois, this 13th day of July 1987.