Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION
Award No. 43143 Docket No. MS-43594 18-3-NRAB-00003-160397
The Third Division consisted of the regular members and in addition Referee Amedeo Greco when award was rendered.
(Michael R. Wilson PARTIES TO DISPUTE: (
(CSX Transportation, Inc.
STATEMENT OF CLAIM:
"Claim is made for and on behalf of Jacksonville Division, Signalman Michael Renaldo Wilson, for his former position as a CSX Signal Maintainer, in addition to back pay, overtime allowances, and seniority rights as claimed since employment was terminated. Award is desired to return Michael Wilson as a Signal Maintainer in Jacksonville, Florida the remedy from which employee was terminated while under the care of EAP and Dr. Angela Hainswork."
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.
This Division of the Adjustment Board has jurisdiction over the dispute involved herein.
Parties to said dispute were given due notice of hearing thereon.
Claimant Renaldo Wilson was terminated for the separate offenses
of Falsifying Payroll and Falsifying Track Inspection Reports. Each
discharge contained different incident dates, Investigations, charged rules,
and discipline letters. The Organization filed two separate claims on his behalf
which were denied.
Award No. 43143 Docket No. MS-43594 18-3-NRAB-00003-160397 The Claimant's Statement of Claim asks that his termination be overturned without specifying which termination he is appealing.
The Carrier has submitted two submissions covering the Claimant's two separate terminations, and states that "regardless of which claim is deemed the 'affected claim' the other claim is unnecessarily untimely and not properly before this Division" because neither case was filed within the nine-month time limit for doing so. The Carrier also states that it provided the Claimant with a fair and impartial hearing which proved by substantial evidence that he Falsified Payroll Records and Falsified Track Inspection Reports.
Since only one termination has been appealed, that means only one termination is before the Board and that the second termination is not. That second termination thus must stand regardless if the other one is overturned.
AWARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that an Award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division
Dated at Chicago, Illinois, this 30th day of May 2018.