Public Law Board No. 2363 -
PARTIES Brotherhood
of
Maintenance of Way Employes
_TO
DISPUTE: and
Louisville and Nashville Railroad Company
STATEMENT 1. The dismissal of Track Repairman C. M.
OF
CLAIM: Grundy was without just or sufficient cause
and was extremely disproportionate to the of
fense with which charged.
2. Claimant Grundy shall be reinstated to
service with seniority unimpaired and with pay
for all time lost.
FINDINGS: Claimant was dismissed from Carrier's service
for making false statements during the investi
gation that was held into the incident described
in our Award No. 1.
There is evidence in the record consisting of
testimony by Roadmaster Sandefur, Assistant Division Engineer
Permar and Assistant Inspector Chase that claimant had told them
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which of the lockers in the camp car belonged to several of the
men under charges in Case No. 1 (Award 1). When claimant took
the witness stand during the hearing considered in Award No. 1,
he denied identifying the lockers of those men. This evidence
is sufficient to support Carrier's
findings that
claimant made
false statements during the investigation in Case No. 1. Though
controverted by claimant, it is credible and substantial and we
find no basis; on this record, for setting aside the discipline
assessed by Carrier.
AWARD: Claim denied.
Adopted at Louisville, Kentucky,
Dza04y-~xw
10 ~ 1979.
Harold M. We ton, Chairman
,
~C.rri~r
Member Employe.Member
i