(Brotherhood of Maintenance of Way Employee PARTIES TO DISPUTE;

STATEMENT OF CLAIM :



FINDINGS

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.

The facts leading to Claimant's dismissal have been set forth in Case 138. What follows Is the Board's findings relative to the dismissal of the Claimant identified in the Statement of Claim.




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Page 2 Award No. l3q
 Case No. 139
 "°A. Cube Lyle* came up to me about 9:00, the morning of the 15th,
 and asked if there was a problem with the Corporate Lodging.
 And we talked a few minutes asking, you know, what he meant,
 what he'd heard. And he just said he'd heard that there was
 some kind of problem, and in the course of the conversation, It
 came out about what time he checked out and, on Saturday
 morning and what time he checked in Sunday night, and I said,
 well, that was, you,know,_they were driving pretty fast, and he
 said he drove fast And at the end of the conversation, he said,
 well, you both, you and.l,both know. I didn't make the trip."

After confessing to the Roadmnpter that he did not go home, It must have dawned on Claimant that he wap.jn jeopargy,of losing his job as he set out to counter his confession with what he,believex is evidence that he did indeed go home.

Claimant presented two slips from a gas station showing gas was bought at Boron, California, several hundred miles from his home on June 12 & June 13. Claimant also furnished a bill from a car shop. dated June 13 charging for an oil change and a minor tune up. The Carrier. In the on-property handling, stated they called this auto repair shop and were told this shop was never open on Sundays.

Claimant also furnished a statement from a member of the motel's housekeeping staff stating that Claimant's room Was cleaned at 9:00 AM on June 12, 1999, and that everything was out of the room. .

The gas receipts do not have Claimant's name thereon, and are thus inconclusive as to Claimant's contention that he did travel home. Likewise, the chambermaid's statement that Claimant was out of the room when It was cleaned at

Page 3

 ,06 6 No . 6-05a Award No. ~3q Case No. 139

9:00 AM on June 12, Is Inconclusive. Many times people vacate their rooms but may not surrender the room until a later time.

In addition, the Special Agent who investigated this matter, presented Claimant's picture to a member of the Ramada inn's staff who identified Claimant as being in the motel at 3:30 PM, June 12.1999.

The Carrier also, in the on-property handling of this dispute, prepared a mileage chart to show what speed Claimant had to travel using various check out times on June 12, the time Claimant alleged he arrived home and the time he returned to the motel, using first the mileage Claimant requested pay for and the actual mileage as drawn from a computer list.


Pueblo Fresno Driving Distance Computed Distance Computed
 Departure arrival time on claim avp.speed (actual) avp.spaed
 10:30 a.m.fJ12 1:30 am. 6113 is hours 1710 mles 107 mph Is" mus 78 mph
 1137 a.m.f112 1:30 am. 0118 I if hours I 1710 miss 114 mph I2ff mffn 's mph
 7:30 p.m. 9112 1:90 am. N18. 11 hours 1710 miles 111 mph 1841 miles .
 114 mph
"Departure times are based on:
 10:30 a.m. Testimony of Claimant
 11:37 a.m.-Departure time as listed on Ramada inn statement -
 3:30 p.m. -Testimony of Clark Irene Carrillo

 in this Board's opinion, Claimant has not presented evidence that invalidates the Carrier's findings that he did not travel home the weekend of June 11, 12 and 13, 1999.

 The Carrier has furnished substantial evidence of Claimant's culpability for the charges assessed. Theft and fraud are serious charges and, ti proven, warrant
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 Page 4 Award No. 13qr

                                          Case No. 139


dismissal.
 Pursuant to the facts of this case, this Board finds it has nothing upon which
 it could base modification of the discipline. - --

                      AWARD


    Claim denied.


                      ORQEB


This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Ciaimant(s) not be made. it

            Robert L. Hicks, Chairman & N euff'al Member


Rick B. ehril, Labor Member T omas M, Rohling, Carrier r ber
 Dated: X%· rat ;X%
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