AWARD NO. 8
Parties to Dispute:
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
(CONSOLIDATED AND PENNSYLVANIA FEDERATIONS)
AND
NORFOLK SOUTHERN RAILWAY COMPANY
Statement of Claim:
Claim on behalf of M. .A. Fife for reinstatement, vacation and all ether rights unimpaired
and pay far all time lost as a result afhis dismissal in connection wish a formal investigation
held on October 3, 2001, concerning conduct unbecoming an employee when he claimed
mileage reimbursement for nee of his personal automobile on September
5.
6,7, 10, 11, 12
and 4 3, 2001, when he was assigned and used a company vehicle on such dates.
Carrier File MW-PITT-01-43-LM-356)
Upon the whole record and ail the evidence, after hearing, the Board finds that the parties herein or-, carrier
and employee within the meaning of the Railway Labor Act, as amended, acrd this board is duly
constituted
by agreement and has jurisdiction of the parties and subject matter.
This award is based on the facts and circumstances of this particular case and shall not serve as a precedent
in any other case.
Chins disposed of as follows:
The record reflects that Claimant submitted far mileage reimbursement for use of his personal automobile
on September 5, 6, 7110, 11, 12 and 13, 200 1, when, in fact, he had used a Carrier vehicle. Claimant was
not entitled to such reimbursement and Carrier acted reasonably in discrediting Claimant"s assertion that lie
believed he had a right to the mileage payment. Accordingly, we find that Carrier proved flag charges by
substantial evidence.
Under the circnlaastances, however, we find that the penalty of dismissal is excessive. Claimant had twenrysix years of service, Most sae-,nificantly, Carrier failed to gal! Claimant's foreman as a witness. The foreman
d
could have provided crucial testimony that ,-racy have established aggravating or mitigating circumstances.
Consequently, we steal! award that Claimant be reinstated to service with seniority unimpaired but without
compensation for time head out of service.
M. H. Malin
Chairman and Neutral Member
~.~'Y
~~
~. ,
P, K./Geller, Sr. D, L, Kerby
Organization Member Carrier Member
Issued at Chicago. Illinois an June 20. 2002