Form
1
NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No.31334
Docket No. CL-31654
96-3-93-3-672
The Third Division consisted of the regular members and in
addition Referee Andree
Y.
McKissick when award was rendered.
(Transportation Communications International
( Union
PARTIES TO DISPUTE:
(Grand Trunk western Railroad Incorporated
STATEMENT OF CLAIM: "Claim of the System Committee of the Union
(CL-10996) that:
(1) Carrier unjustly disciplined Detroit Clerk, M.
E. Carmody, effective November 24, 1992, as a
result of an investigation held on November
16, 1992, in which it failed to prove the
charges and failed to provide Claimant with a
fair and impartial hearing and review of the
record.
(2) Carrier shall now be required to reinstate
Mrs. Carmody, to her former position of
Secretary-Purchasing Department with all
rights unimpaired, reimburse her the $3,752.74
deducted from her wages at $50.00 per week
with 100% interest and remove any mention of
this disciplinary action from her record and
pay her all lost earnings and benefits as a
result of her disqualification from the
aforementioned position, with 1001 interest."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole
record and all that evidence, finds that:
The carrier or carriers and the employee or employees involved
in this dispute are respectively carrier and employee 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.
Form
1
Award
No.
31334
Page 2 Docket
No.
CL-31654
96-3-93-3-672
This claim involves the alleged theft through the
falsification of payroll sheets from January 1, 1991, to July 21,
1992, of $3,752.74. The Organization contends that the Carrier
failed to meet its burden of proof. Moreover, the Organization
argues that Claimant is a long-term employee with an unblemished
record. The Organization asserts that by her omission, to take two
(15 minute) breaks --id one (30 minute) lunch period, the Claimant
gained one hour of raid work. Thus, the Organization points out
that there was no falsification, as the Carrier urges, and that her
Super:·isor authorized this action.
The Carrier responds that it met its burden of proof by a
preponderance of clear and convincing evidence based upon an
internal audit. Moreover, the Carrier contends that it is
reasonable to conclude that the Claimant is guilty as charged and
that her Supervisor was also disciplined for this impropriety.
The Board finds that in the interest of fairness, the Claimant
should be reimbursed and paid her lost earnings, but without
interest. This Board finds further that this disciplinary charge
should be removed from her record. The Board concludes that the
Carrier failed to meet its burden of proof of a preponderance of
evidence as required.
AWARD
Claim sustained in accordance with the Findings.
ORDER
This Board, after consideration of the dispute identified
above, hereby orders that an award favorable to the Claimant(s) be
made. The Carrier is ordered to make the Award effective on or
before 30 days following the postmark date the Award is transmitted
to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 25th day of January 1996.