PUBLIC LAW BOARD NO. 2556
Award No. 30
Case No. 37
File No. MW-411
Parties Brotherhood of Maintenance of Way Employees
to and
Dispute Southern Railway Company
Statement
of Claim: Claim of Richmond, Virginia Track Laborer J. E. Gilmore
that he be paid for all time lost during his suspension
of October 8 through December 6, 1981 for reporting
off work under false pretenses.
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 October 17, 1979, that it has jurisdiction of the
parties. and that subject matter, and that the parties were given due
notice of the hearing held.
Claimant Track Laborer, about 6:30 AM on October 6, 1981 called Track
Supervisor Burkholder and requested that he be permitted to be off work
that day in order to get his driver's license renewed. Such permission
was granted and Claimant did. not work October 6th.
However, as a. result of information which subsequently came to
Carrier's attention, Claimant.was notified on October 9, 1981:
"You are hereby suspended from service
pending investigation. The investigation
will concern allegations reporting off '
under false pretenses.."
A second letter advised:
"Your investigation for reporting off work
under false pretenses will be held Thursday
15 October 1981 at 2:00 p. m. at Southern
South, Richmond Yard Office, 405 West Sixth
Street, Richmond, Virginia..."
-2- Award No. 30 "'aSS~
As a result of the investigation held on October 15, 1981, Carrier
concluded Claimant to be guilty as. charged. Carrier imposed a 60 day
suspension as discipline therefor.
The record reflects that on October 7th, the Assistant Track
Supervisor asked Claimant if he had his license renewed because from time
to time he was required to operate Carrier vehicles. When Claimant showed
his license the Assistant Supervisor noticed that it had been renewed on
October 5th and not on October 6th. Such discrepancy led to an internal
investigation which included one with the Department of Motor Vehicles.
Despite Claimant's assertion that the Department had made a mistake that
the license had been renewed on October 6th, said Department stated that
date was incorrect. It was October 5th. Claimant admitted that he had
Tied about the reason for his absence. He apologized for same and advised
that he needed to be off-for personal reasons.
The Board finds that Claimant was accorded the due"process to which
he was entitled-
There was sufficient evidence adduced including Claimant's admission
to support Carrier's conclusion- as to Claimant's guilt.
The Board finds that Claimant's action was dishonest when he marked
off under false pretenses. Honesty is both a required and implied
condition of employment. The Board finds that the discipline in the
facts of this record is reasonable. This claim will be denied.
Award: Claim denied.
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