Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 28482
THIRD DIVISION Docket No. SG-28931
90-3-89-3-343
The Third Division consisted of the regular members and in
addition Referee James E. Mason when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Burlington Northern Railroad
STATEMENT OF CLAIM: "Claim on behalf of the General Committee of the
Brotherhood of Railroad Signalmen on the Burlington
Northern Railroad (BN):
Claim on behalf of R. L. Bennett, for reinstatement to service, with
all rights and time lost restored, including lost expenses, account of Carrier
violated the current Signalmen's Agreement, as amended, particularly, Rules 13
and 54, when it did not prove his guilt as charged in hearing of March 28,
1988." G.C. File F-88-8-481. Carrier File ESI-88-8-19.
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.
This is a Claim for reinstatement to service. The records show that
the Claimant entered Carrier's service in April, 1978. In February, 1988,
Claimant was assigned as a member of Signal Gang No. 6 at Memphis, Tennessee.
At that time, Claimant was working away from his assigned headquarters location. Rule 13 of the Agre
pertinent part as follows:
"RULE 13. SERVICE - AWAY FROM HEADQUARTERS
Form 1 Award No. 28482
Page 2 Docket No. SG-28931
90-3-89-3-343
B. An hourly rated employee required by the Carrier to
remain away from his assigned headquarters point
during his meal periods specified in Rule 5 will be
reimbursed for the actual cost of purchasing such
meals.
E. Necessary actual expenses will be allowed when away
from headquarters.
On or about March 8, 1988, the Claimant submitted to the Carrier his
expense account form for reimbursement of expenses allegedly incurred by him
on eight (8) dates during the month of February, 1988. When Carrier's Signal
Supervisor who is charged with reviewing and approving such employees expense
accounts, reviewed Claimant's expense account, he noted that Claimant had
asked for reimbursement of $15.00 for each of six (6) dinner meals as listed
on the expense account report. Because these dinner meal amounts claimed were
more than the restaurant charge entries as shown on the copy of the motel bill
which had been submitted to verify Claimant's over-night motel accommodations,
the Signal Supervisor arranged to get from the motel copies of the actual meal
checks covering the meals in question. Each of these meal checks reflected
the same amounts as were indicated on the copy of the motel bill and each meal
check had been signed by the Claimant. Thereupon, the Signal Supervisor
questioned Claimant relative to the discrepancies and - failing to receive a
satisfactory explanation - approved Claimant's expense account for the lesser
meal amounts as shown on the actual meal checks.
Subsequently, by written notice dated March 8, 1988, the Claimant was
instructed to attend a Hearing scheduled to be held on March 14, 1988. The
stated purpose of the Hearing was "...for the purpose of developing the facts
and determining your responsibility, if any, in connection with your alleged
falsifying of claimed expense allowance shown on employee expense Form 10023
for the dates February 1, 3, 8, 9 and 10, 1988." At Claimant's request, the
Hearing was postponed to and held on March 28, 1988. Thereafter, by written
notice dated April 27, 1988, Claimant was dismissed from the service of the
Carrier. The dismissal has been appealed through the normal grievance procedures on the Carrier's pr
Agreement. Failing to reach a satisfactory resolution of the grievance during
the on-property procedures, the parties have come to this Board for final
adjudication of the matter.
Our Board has reviewed the extensive record in this case and has
considered the several arguments which have been advanced by the respective
parties.
Form 1 Award No. 28482
Page 3 Docket No. SG-28931
90-3-89-3-343
Rule 13, as quoted in pertinent part supra, is clear and succinct.
It refers specifically to "actual cost of purchasing such meals." In this
case, a proper question arose relative to what was the "actual cost" of Claimant's dinner meals. Car
right to expect its employees to support their requests for reimbursement
of "actual cost." While meal receipts are not the norm on this property,
clearly, when the Signal Supervisor had a legitimate concern relative to the
amounts claimed by the Claimant, he (Claimant) had a responsibility to offer -
something other than the interruption, confusion, evasion and obfuscation
which he offered at the Hearing which was held to develop the facts. The
actual restaurant bills - each of which included tips in the total amounts -
corresponded to the amounts charged to Claimant's motel account. These
amounts did not add up to the amounts which Claimant asked for on his expense
account form. The Claimant's expense account form was clearly false as it
related to the dinner meal amounts here in question.
The Organization argues that there were certain inaccuracies in the
Hearing transcript which impact adversely on the Claimant's right to a fair
and impartial Hearing. The Board has judiciously examined this allegation.
Even if we were to accept the Organization's version of the answer to the
single question which is challenged in this argument, there would be no change
in the clearly established fact that the Claimant asked the Carrier to reimburse him for more that t
Such an act is a form of dishonesty and this Board has repeatedly held that
dishonesty deserves dismissal.
The record in this case contains substantial probative evidence to
support the Carrier's decision to discipline Claimant. When we consider the
severity of the proven offense, and when we add to this proven offense the
prior discipline record of the Claimant, we can only conclude that dismissal
from service was not an unreasonable penalty.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest: i~ / i0
Nancy J. er - Executive Secretary
Dated at Chicago, Illinois, this 7th day of August 1990.