PUBLIC LAW BOARD N0. 1760
Award No. 36
Case No. 36
Docket No. MW-DEC-80-21
Parties Brotherhood of Maintenance of Way Employees
to and
Dispute Norfolk and Western Railway Company (Former Wabash Railroad)
Statement Claim on behalf of Mr. B. J. Brown account his dismissal from
of Claim: service as a result of investigation held on April 10, 1980.
Findings: The Board, after hearing upon the whole record and all evidence,
finds that the parties herein are Carrier and Employee within the meaning
of the Railway Labor Act, as amended, that this Board is duly constituted
by Agreement dated February 2, 1976, that it has jurisdiction of the
parties and the subject matter, and that the parties were given due
notice of the hearing held-
Claimant, as a result of improperly filing his expense account was
notified on April 1st to attend a formal investigation:
"To determine your responsibility, if any, in
connection with falsifying your expense account
for month of February 1980, by claiming mileage
and meals for days not worked."
As a result thereof, Claimant was. found to be culpable and
dismissed from service as discipline therefor.
The Board concludes that there was sufficient evidence adduced to
support the conclusion reached by Carrier as to Claimant's culpability.
The record reflects that Claimant claimed automobile mileage and lunch
meal expenses on his expense account for February 6, 7, 13, 20, 25, and
28, 1980. He did not render any service on those six dates.
Honesty is a most necessary ingredient and is a keystone to the
maintenance of the employee/employer relationship. As was noted in
Second Division Award No. 697:
-2- Award No. 36
PLB NQ. 1760
"A carrier, especially in this industry, must
be able to rely upon the integrity and the
honesty of its employees. Dishonesty in any
form is a matter of serious concern, and if
proven, subjects one guilty of dishonesty to
the penalty of discharge...".
Second Division Award No. 7831 also noted:
"By whatever name such act may be labeled,
it remains a dishonest act. Carrier, .
particularly as a common carrier, should
not employ, keep, or be required to keep, in
its employ a dishonest employee."
Here, we cannot find that Carrier had acted arbitrarily or capriciously
in discharging Claimant. This claim will be denied. -
Award: Claim denied.
rte, ~
M. .. CA hristie, employee Me~m er E. N. Jacob , Jr., Carr'er Member
Krthur T. Van Wart, Chairman
and Neutral Member
Issued at Wilmington, Delaware, February 24, 1982.