Case No. 4 Award No. 4 4,,~'~p, Y ff l ·., `.y


                                                      J


PARTIES Brotherhood of Railway, Airline and Steamship Clerk
                                                    ,:?

to Freight Handlers, Express and Station Employes
 DISPUTE: VS.
 Union Pacific System (Western District)

 STATEMENT OF CLAIM: Reinstatement of Clerk R. E. Stevens to service
 and pay for all time lost including March 7,
 1985, and clear his personal record of all
 charges arising from the investigation conducted
 February 26, 1985.
 FINDINGS: Subsequent to an investigation held on February 26, 1985,
 the Claimant was found guilty of falsely filing job stabilization
 forms. The Claimant was a furloughed protected employee receiving
 compensation on a monthly basis pursuant to the Job Stabilization
 Protective Agreement. From evidence adduced at the investigation,
 the Carrier determined that the Claimant did not report income
 received from sources other than the Carrier. On the basis of

 this finding, it dismissed the Claimant from the service. -
 The essential thrust of the Carrier's contentions are that the Claimant failed to report "compensation received from all other employment" pursuant to Article IV, Section 6 of the Job Stabilization Agreement. On the job stabilization claim forms filed by the Claimant, under the column of "outside earnings", he had noted "none".
 The Organization advances its claim both on procedural and substantive grounds. With respect to the former, it mainly contends that the hearing was not held in a timely manner, and that it was
 . Li~o-y
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held in a location other than the home terminal. Concerning the merits, it asserts that the Claimant was not employed, in the normal sense, because his wife had performed contractual services for the outside firm and he assisted her when needed.
 With respect to the procedural contentions, the Carrier served notice of the investigation on February 22, 1985. A reasonable reading of the record indicates that the Carrier acted in a timely manner in this respect. It is well established, in matters such as here, that the time limit to provide notice of hearing is triggered when the alleged violation or event causing the advancement of charges becomes known to the Carrier in a substantive manner. With respect to the location of the hearing, Rule 45, which is controlling in this instance, is permissive in that the hearing shall be conducted at the employee's home terminal "when possible". The Carrier had reasonable grounds for not holding the hearing at the home terminal and, consequently, the Claimant's rights were not violated.
 Turning to the merits, the Claimant (a protected employee under the Job Stabilization Agreement) basically argues that he assisted his wife and, accordingly, this activity alone does not constitute a bona fide employment, as normally understood and accepted. Therefore, he did not report his "outside" income to the Carrier.
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      The record before the Board sets forth that the Claimant,

during the period at issue, was compensated for work performed
 for a second party. At the least, an inquiry to his employer as
 to the propriety of his decision not to report the monies he
 received was in order. _
 Accordingly, it is our considered judgment that under the
 circumstances prevalent herein, the dismissal penalty should be
 modified. In this regard, the Board, among other considerations,
 notes the Claimant's clear past record and that progressive
 disciplinary measures were not applied. Therefore, we conclude
 that the time out of service from March 7, 1985 until August 1,
 1986 is more commensurate with the violation under the circum
 stances. This amount of time is based on a calculation of the
 amount of money the Claimant would have been paid during this period
 under his furloughed protected status and a comparison of this amount
 with the amount of monies improperly received by him.
 AWARD
      As specified in the Findings.


L. A. Lambert ~c ehard Auessig C. ~. olema
 Carrier-Member Chairman Employee Me er
 Dated: _