Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 40948
Docket No. SG-39672
11-3-NRAB-00003-0060453
The Third Division consisted of the regular members and in addition Referee
Gerald E. Wallin when award was rendered.
(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE: (
(Kansas City Southern Railway Company
STATEMENT OF CLAIM:
"Claim on behalf of the General Committee of the Brotherhood of
Railroad Signalmen on the Kansas City Southern (formerly
Gateway Western):
Claim on behalf of P. W. Morton, for reinstatement to his former
position with compensation for all lost wages, including skill pay,
with all rights and benefits unimpaired and any mention of this
matter removed from his personal record, account Carrier violated
the current Signalmen's Agreement, particularly Rule 47, when on
May 27, 2005, Carrier issued the harsh and excessive discipline of
dismissal against the Claimant without providing him with a fair
and impartial investigation and without meeting its burden of
proving the charges in connection with an investigation held on May
18, 2005. Carrier's File No. K06056040. General Chairman's File
No. OS-052-KCS-185. BRS File Case No. 13631-GWWR."
FINDINGS:
The Third Division of the Adjustment Board, upon the whole record and all the
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.
Form 1 Award No. 4094$
Page 2 Docket No. SG-39672
11-3-NRAB-00003-0060453
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute were given due notice of hearing thereon.
The Claimant was dismissed for false reporting of his work time for May 4,
2005. At the time of the incident, the Claimant had some nine years of service with
the Carrier. The record does not establish that the Claimant had any prior
instances of discipline in his work history. The Investigation for this charge was
held on the same day as a companion investigation on another misconduct charge.
See Third Division Award 40947.
Our review of the record does not reveal any significant shortcomings in the
procedural aspects of the record. On the merits, the record does show that the
Claimant's time-keeping records were not a model of accuracy or completeness.
However, in view of the unique mitigating circumstances involved, we find that the
Claimant should be given a last chance to preserve his employment. His dismissal
should be converted to a disciplinary suspension without pay. Subject to the
Carrier's usual return-to-work requirements, the Carrier is directed to offer the
Claimant reinstatement to his former employment status with seniority and the
other attributes of that status unimpaired but without backpay associated with the
time he has been out of service.
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
to the parties.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Third Division
Dated at Chicago, Illinois, this 24th day of March 2011.
