Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27506
THIRD DIVISION Docket No. MW-27651
88-3-87-3-106
The Third Division consisted of the regular members and in
addition Referee Jack Warshaw when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(Oklahoma, Kansas and Texas Railroad Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of B&B Foreman E. 0. Kirkes for alleged violation
of the numerous rules cited within the May 8, 1986 Notice of Hearing, was
excessive, unduly harsh, an abuse of discretion by the Carrier and in violation of the Agreement (Sy
(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 wages 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 waived right of appearance at hearing thereon.
After an Investigation on the property into charges of absenteeism
without authority, falsifying payroll, unauthorized use of company truck and
equipment, taking money on company credit cards, disposing of company tools,
being quarrelsome, dishonest, negligent and using threats to obtain gifts from
employees under his Supervision, the Claimant was found guilty as charged and
was dismissed from the Carrier's service.
In both its Submissions to this Board, the Organization contends that
the Carrier committed several procedural errors relating to the time limit
provisions of the Agreement in its handling of this case. The
Organization
also raised questions
concerning the
credibility findings made by the Carrier.
Form 1 Award No. 27506
Page 2 Docket No. MW-27651
88-3-87-3-106
The Board notes that in its processing of the Claim on the property
the sole issue presented by the organization was whether the Carrier's finding
as to the Claimant's guilt was adequately supported by the evidence adduced at
the Investigation. This Board has long held that it will not consider any
issues which were not previously presented on the property. (Third Division
Awards 21463, 21882, 24934, 25251.) Accordingly, the alleged procedural deficiencies of the Carrier
The Board has also held that credibility issues are resolved by the
Hearing Officer and not the Board. (Third Division Awards 21921, 25134,
25102, 24991.)
As there was substantial probative evidence to support the Carrier's
determination concerning the Claimant's culpability of serious offenses, including several admission
unreasonable and will not be disturbed.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
Nancy er - Executive Secretary
Dated at Chicago, Illinois, this 22nd day of September 1988.