For 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 26837
THIRD DIVISION Docket No. MW-27151
88-3-86-3-218
The Third Division consisted of the regular members and in
addition Referee Ronald L. Miller when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Soo Line Railroad Company (formerly Chicago, Milwaukee,
(St. Paul and Pacific Railroad Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Crane Operator R. C. Jones for alleged 'falsification of your timesheet' (f
1984), was without just and sufficient cause and on the basis of unproven
charges (System File C II11-85/D-2671).
(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."
FINDINGS:
The Third Division of the Adjustment Board upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employes within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the
dispute involved herein.
Parties to said dispute were given due notice of hearing thereon.
The record of this case clearly establishes that the Claimant: (a)
falsified his time sheet by knowingly claiming pay for time not worked on
August 10, 1984, (b) claimed mileage for the pay period of August 8 through
15, 1984, in excess of what he knew or should have known to be properly reimbursed, and (c) claimed
authorized by proper authority.
There is no reasonable basis for the Claimant to be confused regarding proper reimbursement. He
of time slips, moreover, he admitted to leaving work early without authority.
Form 1 Award No. 26837
Page 2 Docket No. MW-27151
88-3-86-3-218
It is the opinion of the Board that discipline has served its purpose
in this matter. Therefore, the Claimant should be reinstated to service with
seniority unimpaired, but without pay for time lost.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy J. v - Executive Secre ary
Dated at Chicago, Illinois, this 25th day of February 1988.