SPECIAL BOARD OF ADJUSTMENT N0. 924
Award No. /0,1 -
Docket No. 74
PARTIES: Brotherhood of Maintenance of Way Employes
TO
DISPUTE: Chicago and North Western Transportation Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood
"in favor of Mr. D.E. Beavers, for all lost wages and his record
cleared as the result of the 60 days suspension being assessed
following the investigation held on April 18, 1983."
FINDINGS:
This Board, upon the whole record and all the evidence, finds and
holds that the employees and the Carrier involved are respectively
employees and Carrier within the meaning of the Railway Labor Act as
amended and that the Board has jurisdiction over the dispute herein.
On April 6, 1983, Claimant was directed to attend a formal
investigation of the charge:
Your responsibility in connection with the apparent falsification
of the March 4, 1980 Monthly Guarantee Claim for the month of
February, 1983.
After a postponement, the investigation was held on April 18, 1983,
and a copy of the transcript has been made a part of the record. We
find that the investigation was conducted in a fair and impartial
manner.
This Board has reviewed the evidence and testimony in this case,
and we find that there is sufficient evidence in the record to support
the finding that the Claimant was guilty of the offense with which he
was charged.
Once this Board has determined that a claimant was properly found
guilty, we next turn our attention to the type of discipline imposed.
Normally, this Board will not set aside a carrier's imposition of
discipline unless we find that the carrier's action was unreasonable,
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arbitrary, or capricious.
Falsification of company forms often leads to discharge. Hence,
we can find nothing unreasonable about the penalty imposed here.
Award:
Claim denied.
. Neutral Member
ie Member Otgdnization Member
Date:/.3/~dQ
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