PUBLIC LAW
BOARD N0. 1925
Award No. 18
Case No. 18
Parties Brotherhood
of
Maintenance
of
Way Employees
to and
Dispute Southern Pacific Transportation Company
-Texas and Louisiana Lines
Statement 1. Carrier violated the effective Agreement when it unfairly and
of without just cause dismissed from its service, on November 5, 1976,
Claim: Assistant Foreman Jerry Hammers.
2. Claimant shall be reinstated to his former position with all seniority,
vacation rights, insurance coverage and any other rights due him unimpaired,
in addition to all compensation lost commencing November 5, 1976, and to
run concurrently until Claimant Hammers is restored to the services of
the Southern Pacific Transportation Company.
Findings: The Board finds, after hearing upon the whole record and all evidence
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 March 23, 1977, that it has jurisdiction of the parties
and the subject matter, and that the parties were given due notice of the
hearing held.
Claimant was an Assistant Foreman in Carrier's Lufkin District. He was
dismissed by his Division Engineer, November 5, 1976, for
falsifying his
expense account ending September 20, 1976, which claim covered dates in
August and September 1976. His act resulted in a violation
of
Rule 801
of
the General Rules and Regulations for the Maintenance of Way and Structures.
Rule 801, in pertinent part, provides:
"Employees will not be retained in service who are .....dishonest..."
An investigation, as requested by Claimant, was subsequently held. As a
- -~- Award tvo. 08
PL
~aa.5
result thereof the discipline of dismissal was upheld.
Claimant was accorded due process.
The evidence adduced reflects that sufficient competent evidence was
adduced to support Carrier's conclusion as to Claimant being guilty of
falsifying his expense account. Claimant's testimony corraborated the
allegations made. However, like the Claimants in this Board's Award
Nos. 14 and 15 Claimant's action was not willfuly undertaken to defraud
Carrier. Claimant acted in response to a suggestion by his Roadmaster,
apparently made that in order to offset his automobile expense occured
in use thereof in connection with its use and maintenance pertinent to
Carrier business, to file a lodging expense therefor. However, such
improper act was a transgression of Rule 801 whether technical or
otherwise. Claimant had no right to violate the expense account regulations
notwithstanding its purpose or source. As in Award Nos. 14 and 15 it
is noted that the expense instructions are vague. Yet, it appears clear
that the transgression was not willfully undertaken or intended to defraud
the Carrier. Claimant has now suffered enough and has learned a lesson
therefrom. Claimant has a clear service record. Therefore, he will be
reinstated to service with all rights unimposed but without pay for all time
out of service subject to his passing a return to service physical examination
Specific reference to the word "dishonesty" on his service record should be
expunged therefrom.
Award: Claim disposed of as per findings.
Order: Carrier is directed to make this Award effective within thirty (30) days
of issuance s wn below.
A. J. ningham, mp oy a Member
R.,W.
ickman, Carrier Member
ArthurJd X8OtVaaTtMeRPrman
Issued at Hnuctnn. Texas. Mav 8. 1978.