Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 27949
THIRD DIVISION Docket No. MW-28227
89-3-88-3-99
The Third Division consisted of the regular members and in
addition Referee Peter R. Meyers when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(The Kansas City Southern Railway Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The dismissal of Machine Operator M. L. Nix for allegedly
claiming ten (10) hours pay on Daily Work Reports for August 12 and 13, 1986
was harsh and excessive (Carrier's File 013.31-359).
(2) The Claimant shall be reinstated with seniority and all other
rights unimpaired 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 waived right of appearance at hearing thereon.
Claimant was employed as a Roadway Machine Operator. On October 15,
1986, Claimant was directed to attend a formal Investigation in connection
with a charge that he had submitted falsified Daily Work Reports for August
12-13, 1986, claiming ten hours of pay for each day though he had not worked
either day. As a result of the Hearing, Claimant was dismissed from 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 was guilty of falsifying the Daily Work Reports on the days
in question.
Once this Board has determined that there is sufficient evidence in
the record to support the guilty finding, we next turn our attention to the
type of discipline imposed. This Board will not set aside a Carrier's imposition of discipline unles
unreasonable, arbitrary, or capricious.
Form 1 Award No. 27949
Page 2 Docket No. MW-28227
89-3-88-3-99
Although the Organization points out that the Claimant had over
fifteen years of seniority, the record reveals that he was previously disciplined for the same offen
falsifying daily time records is often considered to be an offense similar to
theft, which can lead to immediate discharge.
This Board recognizes that the Claimant was under extreme stress at
the time of the incident. However, this Board is not in the position to
second-guess the Carrier on issues of discipline. We cannot find that the
Carrier acted unreasonably, arbitrarily, or capriciously when it terminated
the Claimant. Therefore, we will deny the claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
a."
A, 4~'='
Nancy J. DeyEr
f
Executive Secretary
Dated at Chicago, Illinois, this 6th day of June 1989.