The Carrier determined It had sufficient evidence presented that clearly supported the charges set forth In their notice of an Investigation.
Claimant and his gang were working on a project that was labeled by the Roadmaster as are-collectible. In other words, some other party was picking up the tab for the work Claimant and crew preforms&
The crew was working four ten-hour days. Their assigned hours were OBW to 1630. They usually were released from the work project at 1800 hours as they were 30 minutes from their motel, which was considered sufficient
A signal gang was working in conjunction with Claimants crew. This Supervisor called Claimant's Supervisor and advised that Claimant's crew at about 1510 appeared to ba ending their work day 45 minutes in advance of the time the crew was usually tied up. He testified that the crew removed their hardhats and other protective clothing.
The Signal Supervisor stated he asked a member of Clatmanrs crew if they were heading in for the day and that crmwmamber affirmed they ware.
Claimant's Representative requested the Carrier calf as a witness a crewmember, but they also requested the Carrier to pay that witness's expenses and for any wages he may lose. The Carrier stated they would arrange for the witness to be released from work, but cited the Rule wherein the Carrier would not be responsible for any lost wages,
That witness, however, showed up at the investigation and testified to the time it took Claimant (with whom he was riding with) to drive to the car rental agency (the truck Claimant was driving was rented as since he was being displaced, he wanted his name off the lease) which apparently was not too distant from the work site, then they drove to
Page 3 1~--3 Nb SS5b Award No.The Signal Supervisor did not follow any of the crow to the motel so M had no knowledge as to when they arrived, but it was stated all the crew was there.
The Roadmaster In charges stated the time allowed to drive to the motel was 30 minutes even at the peak time when people were heading home from work.
One could readily assume the crow tied up at least 45 minutes early, but assumptions am not facts. Claimant stated the traffic on Highway 4 was bumper to bumper, so who knows how long it took the craw to drive from the work alts to the motel where they were staying.
The Carrier assessed Claimant a 30-day record suspension, thus he lost no time, but this Incident and discipline were entered on his discipline sheet.
Under these circumstances, this Board finds the Carrier did not furnish sufficient evidence that established Claimant's culpability for the charges assessed. His record is to be cleared of all traces of this incident.
This Board, after consideration of the dispute identified above, hereby orders that an award favorable to the Ctahnant(s) be made. The Carrier is ordered to make the award effective on or before 30 days following the dada the award is adopted.