Upon the whole record and all the evidence, the Board finds that the parties herein are carrier and employee within the meaning of the Railway Labor Act, as amended. Further, the Board Is duly constituted by Agreement, has jurisdiction of the Parties and of the subject matter, and the Parties to this dispute were given due notice of the hearing thereon.
System Gang TP-13 was lodged at a motel in Pueblo, Colorado, The weekend of June 11, 12 and 13, 1999, was the third weekend for which the Carrier became obligated pursuant to Article XN of the 1998 National Agreement to reimburse those employees who elected to drive home using the following schedule:
Page 20-100 miles 101-200 muss 201-300 mites 301-400 miles 401-800 tulles
6100.00 plus $25.00 per each 100 mile increments thereafter.
There occurred an incident in the afternoon of Saturday, June 12, 1999, wherein employee E. D. Martinez, (Case 140) who had been incorrectly assigned to a suite by the motel staff, refused to relocate to a regular sleeping room. The motet staff complained to the Foreman who to turn advised the Roadmaster who then called the motel. The Roadmaater was advised of the specifics, but was told that between the time they called the Foreman and the Raadmaster's calf to them, the matter had been settled.
Monday, June 14, 1999, was the day each employee who claimed reimbursement for traveling home turned in a form labeled TRAVEL HOME ALLOWANCE LOG SHEET.
Employee Martinet turned in a request to be paid 3420 miles traveling from Pueblo, Colorado, to his home in Clovis, California and return. The Raadmaster must have started a preliminary Investigation of employee Martinet as employee G. Lyles (Case 139) came to him on June 15, and started the conversation off by saying he understood there was a lodging problem. During the conversation, employee Lyles then concluded the conversation by saying, "you and I both know t didn't make the trip."
The Roadmaster also knew that employee Lyles turned in a travel log sheet seeking 3420 round trip miles traveling on June 11 and June 13 from Pueblo, Colorado, to Fresno, California, and return.
The Roadmaster was aware that on occasion Employees Martinez, Lyles and Romero sometimes carpooled, so he checked on Romero and found he also turned in a log sheet indicating travel on June 11 $ June 13 from Pueblo, Colorado, to Richmond, California, and return and was claiming reimbursement for 3820 miles.
The Roadmaster contacted the Division Engineer seeking advice as to how to handle this matter and he was advised to contact Carrier's Sepcial Officer headquartered at Pueblo, Colorado, to investigate the suspected false claims.
The Special Officer did Investigate, following which each Claimant received a notice of an Investigation, reading as follows:
The Investigation was finally held, and on August 20, 1999, each Claimant was advised they had been dismissed from Carrier's service.
What follows Is the Board's findings as it relates only to the Claimant Identified In the Statement of Claim.
The Special Agent had a one-on-one talk with Claimant. He advised Claimant of his rights to have a Union Representative present during the discussion If he so requested. Claimant waived that right and did tell the Agent he did not go home, but that he did go with a coworker to that coworker's home In Santa Fe, New Mexico, stayed in the coworker's home and returned to the Ramada Inn at Pueblo, Colorado. Claimant also furnished a handwritten statement which supported his oral admission of fraud. It reads as follows:
Claimant, between the date of the written confession and the investigation, realized that because of his fraudulent claim for mileage, he was placing his career with the Carrier in jeopardy. He then set out to prove he did go home. He furnished a statement from his wife and daughterthat he was home. He also had a statement, supposedly from the Park Lake Family Dentistry at Hercules, California, indicating that ta; went to that office on June 12, but that they were not seeing patients on that
day. Claimant also submitted an alleged statement from an Individual claiming to be a Border Patrol Agent who stated he picked Claimant up at Clines Corner (unknown location) who in turn assisted the Border Patrol Agent In the drive to Claimant's home and return.
The statements from Claimant's family are self-serving. The statement on Dental Clinic stationery leaves nothing but questions. If they ware not receiving patients on Saturday, June 12, 1999, were they even open so someone could walk in to be denied service? The statement from the alleged Border Patrol Agent Is likewise suspect. As pointed out by the Carrier, for Claimant and the Border Patrol Agent to travel 3,840 miles In 27 hours, they would have to average 142.22 miles per hour. Even In Montana or on the freeways, this would be an extraordinary accomplishment. Besides, the motel records reflect Claimant checked out of the motel on June 12, 1999, at 12:57 PM and checked back in at 2:31 AM on June 13, 1999.
This Board Is not swayed by the alleged statements Claimant presented in an effort to offset the written statement he gave to the Special Agent.
The charges assessed by the Carrier have been sustained by substantial evidence. Fraud or theft are charges sufficient to warrant the discipline of dismissal. This Board finds no mitigating circumstances that could be considered.