NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number MW-26499
(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 Material Engineer R. T. Rollo for alleged 'violation of Conrail Order AD 0.0
basis of unproven charges and excessive (System Docket CR-858-D).
2. The claimant's record shall be cleared of the charges leveled
against him, he shall be reinstated with seniority and all other rights unimpaired and he shall be c
OPINION OF BOARD: At the time of the incident at issue, Claimant was employed
as a Material Engineer by the Carrier in its Allegheny "B"
Division. Claimant was notified to attend a formal Investigation in connec
tion with the following charges:
"1. Ordering extra trucks during the period May
through December 1982 from Wood Chips, Inc. of
Avis, Pa., and instructing them to submit falsified
invoices to Conrail to cover the cost of the
trucks.
2. Instructing Wood Chips, Inc. in December 1981
and June 1982 to purchase five chain saws and a
brush cutter and to submit falsified invoices to
Conrail to cover the cost of the purchased items.
3. Selling your personal automobile, a 1973
Pontiac, in November 1981 to Mr. Jeff AcGuire of
Wood Chips, Inc., and accepting personal welding
repairs on your boat trailer by Mr. McGuire in
December 1983 - Violation of Conrail Policy AD
0.01, paragraph 5.7.
4. Permitting individuals to remove Conrail
material from Conrail property during the period
- March 1982 through March 1983 without proper
authorization.
Award Number 26501 Page 2
Docket Number MW-26499
The foregoing offenses represent inappropriate
conduct on your part in violation of Conrail Order
AD 0.01, specifically paragraphs 4.0, 4.1, 4.1.1,
4.1.2 and 5.4.1, President Reed's letter of
September 16, 1981.
The Hearing was held as scheduled on April 5, 1984.
As a result of the Investigation, Claimant was
dismissed from Carrier's service. The Organization
thereafter filed a Claim on Claimant's behalf
challenging his dismissal."
This Board has reviewed the evidence and testimony in this case, and
we find that there is sufficient evidence in the record to support the finding
that the Claimant acted improperly and in violation of Carrier orders. However, the record also esta
by his Superiors; and there is no evidence that Claimant was dishonest or
acted with wrongful intent. The billing procedures at issue were already in
use when the Claimant was promoted to Material Engineer; and although the
Claimant violated the order and subjected himself to discipline, he was merely
following the procedures that he had been told to follow by his Superiors, and
he acted with no wrongful intent.
Consequently, this Board finds that the Claim must be sustained in
part; and the Claimant must be returned to service, although without back pay.
It was unreasonable for the Carrier to impose a dismissal on the Claimant for
the offense since he had no bad motives and was merely following orders from
his Superiors.
FINDINGS: The Third Division of the Adjustment Board, after giving the
parties to this dispute due notice of hearing thereon, and upon the
whole record and all the evidence, finds and holds:
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.
Award Number 26501 Page 3
Docket Number MW-26499
A W A R D
Claim sustained in accordance with the Opinion.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. De'4er - Executive Secretary
Dated at Chicago, Illinois, this 9th day of September 1987.