Upon the whole record and all the evidence, the Board finds that the parties heroin 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 charge Is falsification of time documents on October 4, 5 and 8,1999, The discipline, dismissal, was imposed after the customary Investigation.
Ordinarily, such a charge, if proven, does result in dismissal. Claiming pay for time on days not worked or for hours not worked is theft, pure and simple. But in this Instance, It developed that although Claimant may have claimed pay for hours
not worked, the Board recognizes that the Carrier had allowed employees to miss time and then work weekends or perform service outside their regular assignment to "make up" for the time missed. By the time the hearing was held, the Carrier had discontinued the practice; however, this Board cannot consider the Carrier's belated effort to correct what ultimately can lead to serious problems. In this case, for instance, Claimant missed work during the week and then worked outside his regularly assigned hours to "make up" time he missed. Based upon the record, it appears Claimant had not worked enough hours to make up for all the time he had missed. The fact, however, that he did not keep accurate track of the hours he had missed, and the hours he worked to make up for those hours missed, does not warrant permanent dismissal.
It Is the Board's determination that the dismissal be converted to along suspension that ends on August 31, 2000. Claimant is to be returned to service with all his seniority rights intact, and he is to be compensated for alt time lost from September 1, 2000, until the day he resumes service with the Carrier.
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Claimant(s) be made. The Carrier is ordered to make a6 ,vD . 5860
Award No. 153
Case No. 153