PUBLIC LAW BOARD
NO.
4338
PARTIES) UNION PACIFIC RAILROAD COMPANY
TO )
DISPUTE) BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYEES
STATEMENT OF CLAIM: That the discipline (dismissal) imposed on
Wyoming Division Track Inspector J. M. hucero for alleged violation of General Rules A, B and L was arbitrary, capricious
and unwarranted and should be removed. That claimant's record
be cleared of the discipline referred to and he be paid for all
time lost. -
FINDINGS:- This Public Law Board No. 4338 finds that the parties
herein are Carrier and Employee within the meaning of the Rail- _
way Labor Act, as amended, and that this Board has ,jurisdiction.
In this dispute the claimant was notified to attend an investigation on February 27, 1987 to develop the facts and determine
responsibility for his alleged failure to perform inspections
and to keep records in accordance with the requirements of the
Carrier and the Federal Railroad Administration as required by
his assignment as Track Inspector between June 1, 1986 and November 10, 1986.
The Union contends that the Carrier violated the time limits.
The evidence indicates that charges were filed within 30 days of
the Carrier's knowledge of the discrepancies in the inspection
records. The Board finds there is no violation of the time limits.
The Union also contends that the letter of charges is not precise,
but under the circumstances herein the Board finds that the charges
are as precise as possible. --
The evidence indicates that the Federal Railroad Administration
Inspector contacted the Carrier through Roadmaster R. E. foftin
on January 29, 1987 and advised him-that he
was
missing reports
in the Division Headquarters. The missing reports covered dates
from June 10, 1986-to July 12, 1986. -
The Federal Railroad Administration Inspector was checking with
the Roadmaster to determine if he had inspections on the dates
involved. The Roadmaster had those inspections. Although the
records were not on file in the Cheyenne Office, the Inspector
agreed to stop by the Rawlins Office. -
The testimony indicates the Inspector discovered that the carbon
copies in that office had been written over with a pen. The
338
Award No. 5
Page 2
Inspector
concluded that
the dates onthe copies on file at the
Rawlins Office did not match the dates on file in the office at_
Chevenne.
Roadmaster Loftin testified that hespoke with the claimant the
following day and the claimant stated. he had altered the .reports
but had failed to tell Mr. Loftin about
the
change.
In his testimony the claimant denied any knowledge of the missing
reports at Laramie. He stated.that he didn't know if they got
lost in the mail or what. Ile stated that he did not keep copies.
Ile testified that he ran to the files to check his reports and
found a stack of reports that were all piled up and didn't make
much sense to him. Ile stated he had different dates on some of
them, and the originals had already been sent off, and he changed
the dates on the carbon copies to match his inspection dates
which he believed were two original dates like for August, and he
thought he changed the date to July. In other words, he changed
the carbon copies but did not change the originals. Ile stated
that he intended to talk to Roadmaster Loftin about what he had
done but he forgot to tell Mr. Loftin.
The Board recognizes that the Union has raised one or two other
objections, but these need not be addressed bythe Board since
they are not supported by the evidence.
After reviewing all of the evidence of record, the Board finds
there is no justification for setting the discipline aside.
AWARD: Claim denied.
i
Preston J. Moore, Chairman
~' G
Union Member
v
Carrier Member
Dated: November 10, 1987