Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7279
SECOND DIVISION Docket No. 7159
2-L&N-FO-'77
The Second Division consisted of the regular members and in
addition Referee David P. Twomey when award was rendered.
( System Federation No. 91, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Firemen & Oilers)
(
( Louisville and Nashville Railroad Company
Dispute: Claim of Employes:
1. That under the Current and Controlling Agreement, Service Attendant
R. W. Jackson was unjustly suspended from the service of the
Louisville and Nashville Railroad Company on November 27, 1974 and
was subsequently dismissed on January
6,
1975 after a formal
investigation was held on December
16,
1974.
2. That accordingly, Service Attendant R. W. Jackson be restored to
his assignment at South Louisville Shops with all seniority rights
unimpaired, vacation, health and welfare, hospital and life
insurance to be paid and compensated for all lost time, effective
November 27, 1974.
Findings:
The Second Division of the Adjustment Board, upon the whole record and
all the evidence, finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employe within the meaning of the
Railway Labor Act as approved June 21, 1934.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
The Claimant, Mr. R. W. Jackson, was employed as a Service Attendant
at the Carrier's Shops in Louisville, Kentucky with a seniority date of
November 2, 1970. On December 2, 1974, Claimant was charged with falsifying
a signature on a known stolen pay check belonging to Electrician J. C.
Custer on or about November
8,
1974 (Employes Exhibit "A"). An investigation
was held on this matter on December
16,
1974. By letter dated January
6,
1975, the Claimant was notified that as a result of evidence adduced at the
investigation he was dismissed from the service of the Carrier (Employes'
Exhibit "D"). The record shows that the Claimant was given a proper charge.
He was ably represented. He had fall opportunity to question all witnesses
and present his own case with the aid of his representative. The Claimant
admitted his guilt at the investigation:
Form 1
Page 2
Award No. 7279
Docket No. 7159
2-h&N-FO-'77
Mr. Greenwell submitted a signed, notorized and witnessed
statement dated November 27 from you acknowledging that
you did endorse a pay check belonging to Mr. J. C. Custer.
Was that statement signed by you?
A. Yes.
Do you at this time in any way want to refute that
statement?
A. No."
While it is a fact that the Claimant was cooperative in the case, the
discipline of discharge is not arbitrary, capricious or excessive in the
case of such a serious matter. It is well settled that Carrier is not
required to keep in service an employee who is dishonest. We shall deny
the claim.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
,emarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 5th day of April, 1977