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 Assistant Foreman G. R.
_OF
CLAIM: Whitaker for allegedly "falsifying his expense
Form 2312" was without just cause.
2. Carrier violated Rule 27 (b) by failing to
render a timely decision following the investiga
tion held on June 16, 1978.
3. Because of either 1 or 2 above or both, claim
ant shall be returned to service with seniority
and all other rights unimpaired and compensated
for all wage loss suffered plus any other monies
(expenses) due him.
FINDINGS: Claimant, an assistant foreman with nine years'
service, was dismissed for falsifying his expense
form for the first and second periods of April
2
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1978. The evidence clearly supports Carrier's findings and it
establishes that claimant claimed reimbursement for personal auto
mobile expense, although in fact he was driving a Company van at
the times in question.
Carrier should be able to rely on an assistant
foreman to help it avoid loss resulting from improper reimbursement claims. It is not unreasonable therefore for Carrier to
regard the violation of trust in question as most serious.
Petitioner contends that the dismissal must be
set aside since Carrier's decision to dismiss claimant was rendered 31 days after hearing instead of 30 days, as prescribed by
Rule 27(b).
This delay of one day, however, is not sufficient
to vitiate the discipline in this case where Carrier's decision
is based on substantial evidence and was reached only after claimant had been accorded a hearing on due notice. Neither RuUe 27 (b)
nor any other provision to which we have been referred provides
for a specific penalty or for the claim's allowance. There is
no indication that the short delay in rendering a decision prejudged claimant's case in any material respect. We are not persuaded that this technical violation calls for the setting aside
of discipline under these circumstances (cf. Third Division Award
21996).
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However, in view of the fact that Carrier has indicated
that it is not unwilling to reinstate claimant to its service, Carrier
will be directed to offer claimant immediate reinstatement. In addition,
one day's compensation will be awarded for Carrier's delay in rendering
its decision. We agree with Petitioner that claimant's unavailability
does not constitute a valid excuse for Carrier's violation. The claim
will be denied in all other respects.
Claimant to be reinstated with seniority unimpaired and
with one day's pay. Claim denied in all other respects.
Adopted a Lo,~uisville, Kentucky, Jarw ry-21, 1981.
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aro M. 6eston,Chairman
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Carrier Member Employe M tuber
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