Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 29200
THIRD DIVISION Docket No. MW-28746
92-3-89-3-125
The Third Division consisted of the regular members and in addition
Referee William E. Fredenberger, Jr. when award was rendered.
(Brotherhood of Maintenance of Way Employes
PARTIES TO DISPUTE:
(CSX Transportation, Inc. (formerly The Chesapeake and
Ohio Railway Company)
STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood that:
(1) The discipline (loss of all Foreman and Assistant Foreman
rights, effective October 10, 1988) imposed upon Mr. R. L. Smith for allegedly
falsifying timesheets _'or Force 5692 for pay period ending August 26, 1988 was
arbitrary and capricious (System File C-D-4549/12(88-910) COS].
(2) The Claimant shall have his Foreman and Assistant Foreman rights
restored unimpaired, his record cleared of the charge leveled against him and
he shall be compensated for all wage loss suffered."
FINDINGS:
The Second 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.
In October 1988, Claimant was employed as a track foreman, a position
he held since 1981. On August 29, 1988, Claimant completed the time sheets
for his crew for the week of August 22 through August 26, 1988. The time
sheets prepared by Claimant incorrectly credited one employee who did not work
with eight hours straight time and two hours overtime and credited two other employees with more hou
By letter of :~eptemoer 2, 1988, the Carrier notified Claimant to
appear for formal Investigation on the charge that he had falsified time
sheets for his crew for the pay period ending August 26, 1988. The Investigation was held on Septemb
Carrier notified Claimant that as a result of the Investigation it had been
determined that he had falsified the time sheets as charged and that the
discipline assessed "...is loss of all Foreman and Assistant Foreman rights,
effective October 10, _988."
Form 1 Award No. 29200
Page 2 Docket No. MW-28746
92-3-89-3-125
Our review of the record reveals Claimant acknowledged shortly after
turning in the time sheets that the information with respect to the three
employees identified by the Carrier was erroneous. Claimant contended that it
was an honest mistake. The Carrier argues that Claimant was warned repeatedly
against falsifying his time slips. However, the evidence offered by the Carrier in support of that a
We believe that the record in this case establishes that Claimant was
negligent in filling out the time sheets, and he virtually admitted so during
the Investigation. In Third Division Award 23057, the Board faced a similar
situation where the record did not establish falsification but did support the
conclusion that the Claimant had been negligent in making out his time sheets.
The Division reduced the discipline from suspension to a letter of reprimand.
Based upon the record before us, we find the discipline assessed,
loss of Foreman and Assistant Foreman rights, to be harsh and excessive.
Accordingly we will reinstate Claimant's rights as a Foreman and Assistant
Foreman unimpaired, but without compensation for any wage loss suffered.
A W A R D
Claim sustained in accordance with the Findings.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Attest:
4e:4vz"r=~
Nancy J. E - Executive Secretary
Dated at Chicago, Illinois, this 7th day of May 1992.