PARTIES Brotherhood of Maintenance of Way Employes
 to -and
 DISPUTE: Pan Am Railways

 STATEMENT OF CLAIM:



FINDINGS: This dispute arose as a result of the claimant being charged with the following

 offense:






PLB No. 5418 C-79/A-79
 Page 2
Following a formal hearing, the Carrier found the claimant guilty of violating the above cited rules, and assessed him discipline in the form of being dismissed from service effective March 26, 2010.

 The undisputed facts of this case show the claimant was working as a Work Equipment Repairman, with assigned bulletin hours of 0900 to 1700, and was the sole operator of Truck # 1218 during the period September 8 to 20, 2009. During an audit of the GPS Tracker on Truck # 1218, the Carrier found discrepancies between the time sheets submitted by the claimant and the information provided by the tracking device, that indicated the claimant submitted excessive overtime for the dates cited infra.

 The following is a summary of the overtime claimed by the claimant and the overtime listed by the GPS Tracker for Truck # 1218:











The Carrier asserts, that even giving the claimant the benefit of doubt that his post inspection of the truck took thirty (30) minutes, he claimed forty (40) to sixty (60) minutes overtime per day performing unconfirmed and undocumented work. In addition, they vigorously assert the claimant had no authority (written or verbally) to start work prior to his bulletined hours.

 Conversely, the Organization asserts the Ca-,Tier failed to prove with any credible evidence that the claimant violated any Carrier rules. They point out that on each of the dates cited, the claimant gave a detailed explanation regarding the extra work performed beyond that of his post truck inspection, and that such work was never disputed by the Carrier. In his defense, the claimant testified that the overtime work that he performed was necessary and directly connected to the equipment he was servicing.

 After due study of the entire record, including the parties' arguments presented in support of their respective positions, the Board cannot sustain the Organization's position in this case. While the Board found the claimant's work related assertions to be somewhat plausible, the record is devoid of any evidentiary support to his claim. In addition, the record conclusively shows that he was not authorized to start his assignment prior to his bulletined hours.
 PLB No. 5418 C-791A-79
 Page 3
Therefore, based on the testimony brought forth in the record, the Board finds the Carrier properly concluded that the claimant was guilty of the offense for which he was charged and that discipline was warranted. However, without minimizing the seriousness of the offense, because it may warrant dismissal, the Board does take into consideration all of the factors involved in this case, including the claimant's discipline free service, and deems the assessed discipline in its present form is excessive.

 Therefore, the claimant is to be restored to service, but without back pay for time lost. The claimant is to understand that the purpose of this Award is to give him another chance to be a safe and reliable employee, and the lengthy suspension without back pay will emphasize the gravity of this situation, Also, he should understand that any future infractions of the rules on his part could result in the permanent termination of his service.

 The Carrier is directed to implement the Award within 30 days of receipt.

 AWARD: As specified in the Findings.


F is J. Do ski
 N tral Memrrl

 B. A.~ i
 Organization Member

 A. F. Lomanto
 Carrier Member
Dated: ~ ~. ~ 1 /0