Public Law Board
No.
4161
Parties to Dispute
Brotherhood of Maintenance of )
Way Employees Case No. 4
vs ) Award
No.
4
Burlington Northern Railroad )
STATEMENT OF CLAIM
1. The dismissal of Track Laborer, R. J. Hoffman for
alleged violation of BN Safety Rules 213, 660 and
662 was unreasonable and excessive.
2. The Claimant shall be reinstated to service with
seniority and all other rights unimpaired, his
record cleared of the charge leveled against him
and he shall be compensated for all wage loss
suffered.
'FINDINGS
The Claimant was advised to attend an investigation on July
8, 1981 to determine facts and place responsibility, if any, in
connection with his allegedly submitting to the Carrier false
information on personal injury Form 12504. This form was submitted
to the Carrier on June 30, 1981. The Claimant was also accused of -
submitting with the personal- injury report false documentation
which was allegedly from a medical doctor. This documentation was
in the form of an undated letter.
According to information in the record the Claimant alleged
that he was injured on the job on June 12, 1981. He stated such on
personal injury form 12504 and an accompanying note allegedly signed
by a Dr. Frymire stated that the Claimant had such injury on that
date and that he came for a consultation on June 13, 1981. At the -
investigation held on July 8, 1981 as scheduled the assistant foreman,
Delta Yard testified that he was unaware that the Claimant had
Public Law Board No.
4161
(Award No.
4;
Case No. 4)
injured himself on June
12, 1981
and the timekeeper, Everett Section
testified that after he had been asked to contact Dr. Frymire at
the Snohomish Clinic where the physician practised he was told that
the Claimant had not been treated there at all in the month of June
of
1981.
This verbal report to the timekeeper by this physician was
accompanied by a note which stated the same. During the investigation
the Claimant admitted to forging the note from the doctor although
he-continued to claim, which is not substantiated by any additional
evidence of record, that he hurt himself on June
12, 1981.
On the basis of evidence of record the conclusion is warranted
that the Claimant was guilty as charged. Although it is not clear
what the Claimant's motives were, it is clear that he consciously
and with forethought attempted to defraud the Carrier by submitting
a false personal injury report. Arbitral forums in the railroad industry have provided abundant precedent to the effect that such
behavior should not be condoned and that it is subject-matter for
discharge (See Public Law Board
2206,
Award
14;
Public Law Board
2746,
Awards
1 & 2).
On the record taken as a whole the instant claim
cannot be sustained.
Claim denied.
AWARD
~L
E ward L. Suntrup, Neutra Mem er
B.
W.
Potter, Carr_4,er Member
Karl ' . utsen, Emp oyee PYem er
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