Award No. 197
Case No. 205
System Docket No. CR-3359-D
SPECIAL BOARD OF ADJUSTMENT NO. 976
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
VS.
CONSOLIDATED RAIL CORPORATION
STATEMENT OF CLAIM:
Appeal of dismissal assessed W. Bell on
December 4, 1987, in connection with being
charged with falsification of a personal
injury and falsification of reports.
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:
The record shows conflicting testimony but tends to lean
toward suspicion and a lack of claimant's credibility,
however, we find it difficult to discern fact from fiction.
In light of claimant's 13 years of good service and the
unclear posture of the record, dismissal would appear to be
excessive. Accordingly, claimant will be reinstated, but
without pay.
C. eacock, Neutral Member
F J. Domzall· , Carrier Member Je odd, Organization Member
Issued this
-!W*
day of
31988.