AWARDS 92 - SUBMITTING PAYROLL SHEET REQUESTING PAY FOR HOURS NOT WORKED - THEFT

Third Division Award No. 28951 (Zamperini)

"There was substantial evidence to show the Claimant had not worked the hours he claimed on his payroll sheet. On the other hand, there was no evidence to substantiate the contentions of the Claimant. Anytime an employee submits a payroll sheet requesting pay for hours s/he did not work s/he is in essence guilty of theft. It is unacceptable to receive money for nonperformance of duty.

"The Board believes the penalty issued in this case was appropriate."

Third Division Award No. 29602 (Wesman)

"This Board finds the Train Supervisor's statement credible and Carrier's argument persuasive. Further, this is not a matter of first impression. In Third Division Award 18087, the Board ruled:

"`Contrary to Petitioner's contention, we find the record substantiates Carrier's assessment of claimant's [culpability] in falsifying daily reports of labor for work performed....'

"Document falsification, particularly by an employee in a supervisory position, is a serious offense and one which the Carrier cannot condone (Third Division Award 29146). Accordingly, we see no basis for sustaining this claim."

First Division Award No. 24277 (Muessig)

"The evidence properly advanced to this Board (which includes the Claimant's testimony at the Investigation wherein he admitted that he had submitted fraudulent Time Returns) shows that the Claimant was guilty as charged by the Carrier. While the hearing transcript and the correspondence exchanged by the Parties subsequent to the hearing held on this matter indicate that certain personal matters may have prompted the Claimant's illegal activities, the Board has no basis to disturb the discipline assessed by the Carrier. Numerous Awards have upheld the dismissal of employees for dishonesty. There has been no showing that the Claimant has been denied Agreement due process or that he had been treated in an unreasonable or discriminatory manner. Therefore, the Board has no alternative but to deny the claim."

Second Division Award No. 12895 (Yost)

"Falsification of payroll and leaving work assignment without permission are of serious nature warranting dismissal. On the record before this Board, we are unable to find that discipline of dismissal was arbitrary, capricious or unjust. The Claim will be denied."

Second Division Award No. 12935 (Yost)

"Falsifying a payroll constitutes theft and no employer can be expected to tolerate it. Employees who engage in theft of any kind do so at their own peril. Standing alone, theft is a dismissable offense."