PARTIES TO THE DISPUTE:
Brotherhood of Maintenance of Way Employees Division Affiliated with the Teamsters Rail Conference -andCSX Transportation, Inc.

 STATEMENT OF CLAIM:



OPINION OF THE BOARD:

C. S. Cloud, ("Claimant") was hired by CSXT on July 2, 2004. At all times relative to this issue, the Claimant was assigned to Machine Operator "A" position 61`07-067, on the Midwest Service Lane. On February 22, 2006, Claimant Cloud was absent, with permission, due to a preplanned physician's appointment in Hopkinsville, KY. At that time, the Claimant was working out of Nashville, TN, approximately 100 miles from his home residence, a fact pertinent to this dispute.

On February 28, 2006, the Claimant entered his payroll for the preceding week. According to the Claimant, he "thought" he was entitled to compensation for the date he was absent, February 22, 2006. Specifically, the Claimant entered the amount of hours worked by the relief employee on



UNION CASE No.D21703006 COMPANY CASE No.12 (06-0391) his position, "believing" he was entitled to the pay. Thereafter, when Roadmaster Smith began approving payroll, he realized that the Claimant entered the full ten (10) hour pay for February 22, as well as claiming full travel expenses (FTV) pay, which amounted to fifty dollars ($50). As a result of the Claimant's "fraudulent" time claim, Mr. Cloud was instructed to attend a March 14, 2006 investigation on the following charges:


The investigation was held to completion as scheduled. In a letter dated April 3, 2006, the
 Claimant was informed that he had been found guilty as charged, and assessed a 30 day actual
 suspension. The Organization's Vice Chairman, A. Shelton, appealed the discipline to Director
 Labor Relations, J. Wilson, hi a letter dated April 12, 2006. At the outset, the Vice Chairman
 requested a list of Carrier witnesses, so that the Organization could "develop a fair investigation".
 Regarding the merits of the dispute, the Vice Chairman argued that: "Mr. Cloud is a diligent and
 hard working employee, and we feel the discipline of thirty (30) days is very harsh. We also feel that
 Mr. Cloud is being treated very unfairly".

In a declination letter dated August 9, 2006, Director Wilson confirmed the Parties' July 11, 2006 conference, noting at the outset that all of Claimant's "due process" rights, as provided under Rule 25 (Discipline) of the Agreement, were "fully protected". With respect to the merits of the issue, Director Wilson maintained that the Carrier had sustained its burden of producing "substantial" evidence of the Claimant's guilt. Mr. Wilson went on to note that:"Mr. Cloud testif ed




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UNION CASE No.D21703006
 COMPANY CASE No. 12 (06-0391)
 that the Assistant Roadmaster told him that he got paidfor the day he was off, but when Roadmaster
 Smith confronted him about it, he then changed his story and said he thought he was kidding when
 he said `no, you don't get paid... '. However, the record brought out that the Claimant admits he
 knows how to input payroll, and that he should not get paid for the day he was off, but as he put it,
 7 did not think that, you know, the payroll would be a big deal'... ". Finally, with regard to the
 quantum of discipline, Carrier maintained that "in light of the Claimant's past discipline record" the
 discipline assessed was "fully justified".

At the outset the Organization alleged certain procedural objections, maintaining that Carrier failed to provide information necessary to the Claimant's defense. However, the record evidence supports Carrier's contention that the Claimant was given proper notice of the charges; Claimant and his representative were both present throughout the proceedings; and, given appropriate opportunity to present and cross-examine witnesses. Therefore, in that regard we find no violation of the Agreement.

Turning to the merits of the issue, the Carrier asserts that the Claimant knowingly entered false payroll information for work which he did not perform on February 22, 2006. In doing so, the Carrier maintains that the Claimant violated CSXT Operating Rules GR-2 and GR-15 which respectively state, in pertinent part:


      GR-2- All employees must behave in a civil and courteous manner wizen dealing with

      customers, fellow employees and the public. Employees must not:


                  4. Be disloyal, dishonest, insubordinate, immoral, quarrelsome, vicious, careless or incompetent.

              7. Make any false statements ....


      GR-15-Time or wages must not be claimed on payroll, except for work actually performed:

              1. By the person whose name appears on the roll.

              2. In accordance with agreed-to rules.


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                                    UNION CASE No.D21703006 COMPANY CASE No.] 2 (06-0391)


      Actual time that each member of a crew goes on and off duty mustbe shown on the payroll.

      This must be done, regardless of assigned hours.

Although he asserted that he was innocent of wrongdoing, during his testimony at the investigation Claimant Cloud admitted that he knew he would not be paid for work on February 22, 2006, stating that:


      Q. Mr. Cloud, when you asked Mr. Warburton whether you would get paid for the day

          that you went to take your test, and you were told `no', did you make any attempt

          to remove that time from your payroll?

      A. No.

      Q. Can you explain why you ignored the comments from Mr. Warburton that you were

          not to be paid for thus time?


      A. Mr. Warburton walked by and was on the phone. Somebody said that `that's the

          man you need to ask'. I asked him if I was taking a CDh test, and needed a

          physical, would I get paid for it? He looked at me and said `no, why would you?'.

          At that point, I figured Damon Smith will approve it, or Damon Smith won't

          approve it.

In that connection, during the investigation, the Claimant maintained that he had "no idea" how to input his time properly. Specifically, Cloud contended that he did not actually input his time, but rather left the task to co-worker "Mr. Phillips". According to the Claimant, he had asked Mr. Phillips to testify on his behalf regarding the improper input, however, Mr. Phillips was "not available". The Claimant further asserted that: "I never put in any time, I never put in any holiday pay, I never put in the FTV, and I never put in any codes. For one, I don't know how".

At best, the Claimant's account/explanation regarding the fraudulent time claim was both evasive and inadequate. In fact, the majority of the Claimant's testimony was not credible. On the one hand Cloud admitted that the "man to ask", Mr. Warburton told him, without equivocation, that he would not be paid for the date of February 22, 2006. However, according to the Claimant, he thought Warburton might be incorrect because he was "on the phone, discussing business". -4-

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                                          AWARD No. 30 NMB CASE No. 30

UNION CASE No.D2170300G COMPANY CASE No.12 (0G-0391) Therefore, the Claimant says he relied on the fact that Namon Smith would "pay the hours claimed, or he won't pay." Failing that "logic", the Claimant asserted that he had "no idea" how to input time and that he had instead relied upon fellow employee Phillips, who "obviously" input the Claimant's time incorrectly.

Given the unrefuted record evidence, in addition to the Claimant's own damning testimony, this claim must be denied. Finally, in the circumstances, a thirty day actual suspension was fully justified, and therefore, cannot be considered unduly harsh, arbitrary or capricious.


                        AWARD


                        Claim denied.


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