Special Board of Adjustment No. 1048
JOHN
C.
11E-rCIIER, CHAIRMAN & NEUTRAL MEMBER
R. A.
LAU,
ORGANIZATION MEMBER
E.
N. JACOBS, JR., CARRIER
MEMBER
BROTHERHOOD OF MAINTENANCE OF
WAY EMPLOYEES
and
E'
NORFOLK WESTERN RAILWAY COMPANY
Award No. 46
Hearing Date-January 27, 1994
Date of Decision - February 10, 1994
Statement of Claim
:
Claim on behalf of M. Scott requesting removal of a thirty day actual
suspension from service and pay for time lost, as a result of formal
investigation held on January 14, 1993, in connection with his
participation in an attempt to violate company purchasing instructions
involving splitting of invoices.
FINDINGS:
Special Board Adjustment No. 1048, upon the whole record and all of the evidence,
finds and holds that the Employee(s) and Carrier(s) are employee and carrier within the
meaning of the Railway Labor Act, as amended, and that the Board has jurisdiction over the
dispute(s) herein and that the parties to the dispute(s) were given due notice of the
hearing thereon and did participate therein.
AWARD
After thoroughly reviewing and considering the transcript and the parties
presentations, the Board finds that the claim should be disposed of as follows:
The misconduct involved in the charge occurred when Claimant was explicitly
directed by his Supervisor to have the vendor installing a radio in his vehicle split
invoices so that the charges on each did not exceed $300.00, which would then require
prior approval for the purchase. While Claimant participated in the scheme, he did so at
the direction of his Supervisor. In the circumstances present here discipline is not
warranted. It is rescinded, and Carrier is directed to make payments covering wage losses
within thirty days of the d d below.
Joh C. Fletc er, Chairman & Neutral Member
R. A. Lau, Organization Member E. N. Jacobs, C
&r
er Member
Issued at Mt. Prospect, Illinois, February 10, 1994
This award is based on the facts and circumstances of this particular case and shall not serve as a
precedent in
an other case