SPECIAL BOARD OF ADJUSTMENT N0. 924
.~ Award fib. 47
.. Docket Nb.
60
PARTIES: Brotherhood of Maintenance of Way Employes~
DISPUTE: Chicago and North Western Transportation Company
STATEMENT OF CLAIM: "Claim of the System Committee of the Btother=
hood that!
(1) The dismissal of Ruben Morales for alleged falsifioation of a work report was without Just and
sufficient cause and excessive. (Organization File
9D=4402'; Carrier File 81-84-125-D)`.
(2) Claimant Ruben Morales shall be allowed the remedy
prescribed in Rule 19(d)."
FINDINGS:
This Board, upon the whole record and. all the evidence.,
finds and holds that the employes and the Carrier involved, are
respectively emDloyes and Carrier within the meaning of the Railway Labor Act as amended, and thAt the Board has jurisdiction
over the dispute herein.
Claimant, with about four ,pears of service, was employed
by the Carrier as a Track Foreman. On December 28, 1983, claimant was,.
instructed by the Roadmaster to report with his section crew to a
location designated as X19-A at 3:00 A.M., the following morning
to clean snow out of switches. On December 29 the Roadmaster-attempted
to call claimant about 3:05 A.M., but claimant was not at work .pet.
At arproaimately 4:00 A.M. the Roadmaster saw the claimant and the
claimant informed the Roadmaster that he had been a little late
that morning. Claimant submitted a time report for himself and
gang showing that he had reported at 3:00 A.M, When the Roadmastex~
saw the :cork report he called the claimant about it and claimant
acknowledged that he had actually. reported to work about 3:25 A.M.
on December 29.
On December 30, 1983, claimant was instructed to report
for formal investigation scheduled for 2:00 P.M., Janu?ry 5, 1994,
on the charge:
"To determine ,your responsibility in connection
with falsification of your work report on
December 29, 1983."
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Award No. 47
Docket No. 61
Page 2
. A copy of the transcript of the investigation has been
made a -Dart of the record. There.was substantial evidence in _
the investigation, including claimant's statement, that claimant
reported some twenty or twenty-five minutes late the morning of
December 29, 1983, and that he submitted a work report showing
that he reported at 3=00 A.M. The claimant contended that hd
simple made an honest mistake in his time report; that he had
attempted to contact the Rbadmaster while on his way to work but
was unable to do so. He also contended that he attempted to correct
the time report but was unable to do so.
Where employes report their own time a matter of trust is
involved and, as stated in Third Division Award _'Nb. 24295, all'
possible care should be used in seeing that the time is properly ,
recorded. However; we consider the facts in the present case
as distinguishable from the facts involved in Award No. 24295.
In the present case the amount of time involved was minimal, but,
in principle, it was serious. We are not convinced that the
offense herein warranted permanent dismissal of claimant from
service. We will award that claimant be restored to service with
seniority and other rights unimpaired, but without any compensation
for time lost while out of service. Claimant should understand
that the-purpose of the award is give him one last chence to
become a satisfactory and valued employe, and that furtherrmajor
infractions on his part will receive short shrift.
A W A H D
Claim sustained-to the extent indicated in Ftndings.
ORDER-
The Carrier is directed to comply with this Award within
thirty days from the date hereof.
,, s'~irman, Neutral Member
crier Membe Labor Member
Dated: ~~'~`~ / z.