SPECIAL BOARD OF ADJUSTMENT N0. 279
Award No. 372
Docket No. 372
File 880243
Parties Brotherhood of Maintenance of Way Employes
to and
Dispute Union Pacific Railroad Company
(Former Missouri Pacific)
Statement
of Claim: (1) Carrier violated the Agreement, especially Rule 12, when
Welder Helper Charles Qualls was dismissed from the service.
(2) Claim in behalf of Welder Helper Qualls that he be
returned to service with pay for all wage loss suffered and
vacation, seniority, and all other rights due him restored,
including health insurance, all as provided under our
current working agreement.
Findings: The Board has jurisdiction by reason of the parties
Agreement establishing this Board for that purpose.
As a result of a formal investigation, held on January
29, 1988, Claimant Welder was advised, under date of
February 16, 1988, that his record had been assessed with
dismissal account of violating General Rule L and Rule
607(4) of the Safety Radio and General Rules for all
employees in connection with the charge that he had
falsified expenses during the month of January 1988. .
The investigation disclosed that-Claimant Welder, as
required, called in his expenses daily and, also as
required, furnished a receipt from the Detroiter Motel
reflecting that the dates January 3, 4, 5, 6, 7, 8 and 9,
1988 had been altered.
Welder Allen Braun came to Newport on January 11th and
relieved Welder Qualls and Braun was asked by Claimant on
Monday morning January 11th to file his expenses for him and
the Claimant left on vacation. Welder Braun brought the
altered receipt to the Manager of Track Maintenance, K. M.
Sanders. Welder Braun turned in the expenses on January 15
with the altered receipt. Said expense form was not signed
by the Claimant. However, the expenses were paid.
Sanders admitted that he knew that if he did not
approve the expenses on January 15 when the rolls closed
that he would have been unable to have an investigation on
Claimant Qualls. Claimant admitted that the dates of
January 6, 7, 8 and 9 were not correct on the ,.,Detroiter
l
-2- Award No. 372
Motel receipt. He testified that he had left the motel on
the 6th because the room was cold and stayed at a rooming
house and he then presented a receipt therefor. Claimant
denied asking Braun to submit his receipts prior to going on
vacation January 12 through 18th.
Claimant admitted that the dates January 6, 7, 8 and 9,
1988 on the Detroiter Motel receipt were not correct, that
he stayed at Mrs. Epps rooming house, had picked up the
receipt on January 18 therefor but failed to present it when
he returned on January 19 because no one asked him for it
and presented that receipt at the investigation. Claimant
was removed from service on January 19.
Claimant will be restored to service with all rights
unimpaired but without any pay for the time held out of
service. He is further notified that because of his record
of three previous dismissals in connection with expenses he
is on notice as to properly preparing his expense account
and giving the proper receipts thereof at the time they are
duly required. While the Carrier was not defrauded in this
instance it is clear that Claimant had altered the receipt.
He has received the benefit of the doubt as to the reason
therefor.
Award: Claim disposed of as per findings.
Order: Carrier is directed to make this Award effective within
thirty (30) days of date of issuance shown below.
S. A. Ha ons, Jr. Emp a Member D. A. Ring, Car i Member
) la,
Arthur T. Van Wart, Chairman
and Neutral Member
Issued April 30, 1990: