Award No. 327
Case No. 327
System Docket No. MW-1891
SPECIAL BOARD OF ADJUSTMENT NO. 976
BROTHERHOOD OF MAINTENANCE OF WAY EMPLOYES
VS.
CONSOLIDATED RAIL CORPORATION
STATEMENT OF, CLAIM:
Appeal of dismissal assessed J. Farrell,.on April 16, .
1991,.in connection with being charged with
falsification of the circumstances surrounding the
injury he reported on February 12, 1991.
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 evidence adduced at the hearing unquestionably
supports the Carrier's conclusion that he is
guilty of the offense for which he was charged.
However, while we do not minimize the Claimant's
actions, the Board does take into account his 16
years of discipline free service and determines
that he should be given one last opportunity to be
a safe and reliable employee. Therefore, Claimant
is to be restored to service but without
compensation for time lost. The lengthy
suspension without pay will emphasize the gravity
of this situation.
C.T , acock, Neutral Mf
F. . Domzalsk Carrier Member Jed Dock , Organization Member
Issued this ;7~"4 day of &-~_,