Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27573
THIRD DIVISION Docket No. CL-26926
88-3-86-3-206
The Third Division consisted of the regular members and in
addition Referee Elliott H. Goldstein when award was rendered.
(Brotherhood of Railway, Airline and Steamship Clerks,
( Freight Handlers, Express and Station Employes
PARTIES TO DISPUTE:
(Elgin, Joliet and Eastern Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
(GL-10087) that:
1. Carrier violated the effective Agreement when, following an
investigation held March 20, 1985, it determined Ms. Erma Shadrick guilty of
the charge placed against her and imposed discipline in the form of sixty (60)
demerits against her record;
2. Carrier shall now rescind the discipline assessed and expunge from
her personal record any and all reference therein relating to the instant
dispute."
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.
By letter dated June 29, 1984, Claimant was notified to report for
Investigation in connection with allegedly "false statements" made to two
Supervisors with regard to Claimant's absence from assignment on June 2, 1984.
The Investigation was postponed by mutual consent and held on March 20, 1985.
Following the Investigation, Claimant was assessed sixty (60) demerits.
Claimant, who has a seniority date of May 27, 1969, reported to work
as scheduled on Position GT-1243-R at 8:00 AM on June 2, 1984. At approximately 10:00 AM, Claimant r
Form 1 Award No. 27573
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88-3-86-3-206
sister. According to the Supervisor, Claimant's sister told him that she
and her two children had been injured in an automobile accident and needed
Claimant's assistance. The Supervisor permitted Claimant to leave her
assignment and assist her sister and nieces.
At approximately 2:30 PM that afternoon, Claimant telephoned the
Supervisor to advise him of the details of the accident. While there are some
minor discrepancies in the testimony, essentially the parties agree that Claimant told her Superviso
which is in the city limits, of Gary, Indiana. Claimant stated that the car
in which her sister and nieces were driving was a total loss, and that they
had received medical treatment at Gary Methodist Hospital.
On Wednesday, June 6, 1984, the Carrier's Supervisor of Transportation Clerical Forces requested
report. The Supervisor acknowledged that he was somewhat suspicious of the
veracity of the alleged "emergency" because Claimant had failed to report for
service on the two Saturdays prior to June 2, 1984.
On Monday, June 11, 1984, Claimant presented the Supervisor of Transportation Clerical Forces wi
review it in more detail later. However, Claimant immediately took the report
back and refused to allow him to make a copy, stating, according to him, that
"it cost her sister $2.00 and I could get my own."
The Supervisor testified that he later attempted to obtain a report
from the Gary Police or County Sheriff's Department but was informed that
there was no record of any such report on file. The Gary Methodist Hospital
was also contacted, but the hospital authorities stated that such information
was unavailable except to the family involved.
Claimant, at the Hearing testified that she did not leave a copy of
the accident report because "it didn't make any sense to me" and because my
sister called me, it was her accident, it was not mine." Claimant stated that
she returned the report to her sister and when she was informed of a pending Investigation, asked he
sent to the insurance company. Claimant testified that she then asked the
Gary Police Department for a copy of the report and was told there was no such
report on file. In addition, Claimant stated, her sister had since moved to
the State of Maryland and could not return to Gary to assist her in obtaining
the report.
The Carrier contends that the testimony and evidence adduced at the
Hearing clearly established Claimant's responsibility for making false statements to her supervisors
Dishonesty is a grave offense which cannot be condoned, Carrier insists,
because it is a fundamental part of the moral and ethical standards expected
of all its employees. Furthermore, Carrier maintains that the degree of discipline assessed was comm
prior work record.
Form 1 Award No. 27573
Page 3 Docket No. CL-26926
88-3-86-3-206
The Organization on the other hand, contends that Carrier did not sustain its burden of proving
she stands accused. To the Organization, Claimant was permitted to leave the
workplace because of an emergency and later provided the substantiation requested. The inability or
police report proffered by Claimant is not the fault of the Claimant, the Organization submits. She
1984, and she did so. The imposition of discipline in this case was improper
and unwarranted, in the Organization's view.
The Board has carefully reviewed the transcript of the proceedings
and finds no basis upon which to substitute its judgment for that of the
Carrier's in terms of the discipline imposed. Carrier clearly has the right
to insist that employees provide verification of an absence which occurs under
circumstances such as in this case. We agree that Claimant's refusal to
permit Carrier to copy the alleged police report or make reasonable inspection
thereof, coupled with the letter from the Gary Police Department in response
to Carrier's request, indicating that no such police report was ever filed,
suggest that Claimant either was unable or unwilling to substantiate the circumstances surrounding t
that other forms of verification, such as a hospital emergency room report, or
insurance records, were never provided by the Claimant during the handling of
this dispute on the property or at the Investigation. Absent any evidence
which would corroborate Claimant's story, and given the implausible nature of
her testimony at Hearing, we can only conclude that Claimant's predicament is
of her own making, and therefore, we will rule to deny the Claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest.
Nancy J er - Executive Secretary
Dated at Chicago, Illinois, this 29th day of September 1988.