PUBLIC L.-! W BOARD - NO. 5418
Case No.33 AwardNo.33
PARTIES
Brotherhood of Maintenance of Way Employes
to - and -
DISPIITE:
Springfield Terminal Railway Company
STATE,X-IENT OE CLAIt11:
Appeal of discipline of a two day suspension imposed
on Dean Ledous, on November 20, 1998.
FINDLN .S
:
Subsequent to a hearing held on November 9, 1998, claimant was found guilty of
violating Carrier's General Safety Rule GR-N paragraph #4, in connection with submitting time
sheets for a higher rate of pay as an Equipment Operator (E.O, y, rather than at I & R trackman
position he held.
Alter a thorough review of the parties' submissions, we cannot sustain the Carrier's
position in this case. The record clearly shows that claimant did not prepare the inaccurate
preprinted time sheets, nor did he sign the documents. It was shown that the time sheets are the
responsibility of the Foreman; therefore, it was incumbent upon him, and not the claimant, to
insure that they were correct prior to forwarding them to the Payroll Department,
Based on the record, we find that the Carrier failed to meet its burden of proof. Therefore,
the suspension will be removed from the claimant's record and he shall be paid for time lost.
AWARD:
The claim is sustained.
e
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I
FrancisJ. omzalsk
Neutr'1 ember
T. W. McNulty B. A. Wi ter
Carrier Member Organization Member
Dated:
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