PUBLIC LAW BOARD - NO. 6461
Case No. 18 Award No. 18
PARTIES Brotherhood of Maintenance of Way Employes
to -and-
DISPUTE: Grand Trunk Western Railway
STATEMENT OF CLAIM:
Appeal of the discipline of dismissal imposed on
Christine add, effective April 21, 2005.
FINDINGS; (fin March 22, 2005, claimant was given a notice charging her with the following
offense:
"To determine whether or not you falsified a personal injury report
which you filed on March 21, 2005 and also whether or not you
gave false information with regard to your alleged personal injury."
At the outset, from our review of the lengthy joint (t-add 8 Richert) investigation, we found no
improprieties and deem the claimant was afforded a fair and impartial investigation.
By way of background, the claimant alleges that while in the process of getting a rail drill
from a tool box located in the back of the Welders Truck, the truck moved, and the jerk of the
truck caused her to drop the drill causing her back to pop. The claimant testified (pg. 28) that
she was in the truck for approximately 15 minutes prior to the movement of the truck by Mr.
Richert. She further testified that she had no conversation with Mr. Richert regarding the
movement of the welders truck.
Conversely, Mr. Richert gave an entirely different version of what transpired. Mr. Richert
states that K. Erwin, the operator of the Payloader, asked him to move the welder's truck so that
he could dump his load of stone. He stated that he saw the claimant standing along side of the
truck and asked her twice if she would move the truck, however, he said except for her giving
him a stare, she did not respond to his request. Therefore, Mr. Richert said he performed a
safety "walk-around" the truck and then proceeded to back it up, noting that he saw the claimant
PLB No. 6461 C-18/A-18
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in the passenger side mirror walking along side the truck as he moved. He steadfastly stated the
claimant was not in the vehicle when he moved it.
The record shows that contrary to the claimant's assertions, three eyewitnesses from the
same bargaining unit, who gave prior written statements, testified without reservation that they
saw the claimant on the ground and on the passenger side of the truck while it was being
moved by Mr. Richert. In addition, K. Erwin, the Payloader operator, testified that he saw Mr.
Richert perform the safety "walk-around" prior to moving the truck and, stated that from his
vantage point he did not see anyone in the back of the vehicle.
After due study of the entire record, including the arguments presented by the parties in
support of their respective positions in this case, the Board finds the claim to be non-meritorious.
We found the claimant's self-serving testimony to be contradictory, evasive and specious.
The Board finds substantial and convincing evidence was adduced by the Carrier to prove the
claimant acted in a dishonest manner. Therefore, given the established facts of this case, and in
consideration of the seriousness of the proven offense, we find the Carrier was on valid grounds
when it assessed discipline. Thus, we will not intervene in this matter.
AWARD
: The claim is denied.
J. PlUbin
Carrier Member
Dated:
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Francis J. zaiskiC
Neutral M ber
Perry K. Geller, Sr.
Organization Member