Award No. 194
Case No. 196
System Docket No. CR-3338-D
SPECIAL BOARD OF ADJUSTMENT NO. 976
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
VS.
CONSOLIDATED RAIL CORPORATION
STATEMENT OF CLAIM:
Appeal of dismissal assessed D. P. Seamanik on
November 18, 1987, in connection with being
charged with falsely claiming that he performed service on a rest day when he did not
actually work.
Upon the whole record and all the evidence, after hearing,
the Board finds that the parties herein are carrier and
employee within the meaning of the Railway Labor Act, as
amended, and this Board is duly constituted by agreement
under Public Law 89-456 and has jurisdiction of the parties
and subject matter.
AWARD: Claim
disposed of
as follows:
Testimony shows he was on the property on date in question
and perhaps may have performed a minimal amount of work,
albeit unauthorized, however much weight must be given to the
testimony of Foreman Reynolds and the clear fact that claimant put in for more time than could be verified, thus clearly
proving his culpability. However, we believe that in light
of his tenure and relatively good service, a lengthly suspension would be a more fitting penalty. Therefore claimant
shallbe restored to service but without pay for all time
lost. Further, claimant is put on notice that his restoration is on a last chance basis.
C~co k~Z
C. A. Peacock, Member
F. . Domzals ', Carrier Member
Issued this a6'#yday of ~~,~ 1988.
J Dodd, O g nization Member