PUBLIC LAW BOARD N0. 2444
Award
No. 30
Case
No.- 43
Docket No. MW 80-51
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 Machine
of Operator C. L. Lucas was unjustly dismissed on January
claim 16, 1980. _
2. Claimant Lucas shall be reinstated to his former
position with pay for all time lost, vacation, insurance,
seniority and all other rights unimpaired.
Bindings 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 July 19, 1979, that it has jurisdiction
of the parties and the subject matter, and that the
parties. were given due notice of the hearing held.
Claimant, a Machine Operator, on the Houston Division,
was dismissed from service under date of January 16,
1980 for falsification of time roll.
The Board finds that Claimant was accorded the due process
to which entitled under his rule.
The Board concludes after analysis of the transcript,
that Claimant is entitled to the benefit of doubt. Therefore,
he shall be reinstated with all rights unimpaired but
without pay and placed in a probationary status for
~.t~c~j- ~.ie!0
30.
. Page 2
one year period. He shall be restricted to an assignment
whereby he will be working under someone's supervision.
Award Claim disposed of as-per findings.
Order Carrier is directed to make this Award effective within
thirty (30) days of date of issuance shown below.
M. A. Christie, Employee Member C. B. GoynZ, Carrier Member
o-Arthur T. Van Wart, Chairman
and Neutral Member
Issued at Wilmington, Delaware, April 16, 1981.