Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 7280
SECOND DIVISION Docket No. 7162
2-WT-CM-177
The Second Division consisted of the regular members and in
addition Referee David P. Twomey when award was rendered.
( System Federation No. 106, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute:( (Carmen)
( The Washington Terminal Company
Dispute: Claim of Employes:
1. That under the current agreement, Car Repairman Thornal A. Stephens
was unjustly dealt with when he was suspended from the service on
August 10, 1975, and subsequently dismissed from the service of the
Carrier, The Washington Terminal Company effective September 15,
1975.
2. That accordingly, the Washington Terminal Company be ordered to
return Car Repairman T. A. Stephens to the service of the Carrier
with seniority and vacation rights unimpaired and compensated for
all time lost since August 10, 1975.
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, Car Repairman T. A. Stephens an individual with a year
and a half service in the employment of the Carrier, was charged with:
"Burglary of the Food and Beverage Section in Amtrack Club Car
3322 approximately 11:35 P. M., on August 10, 1975."
A formal hearing was held on September 3, 1975. By letter dated September
15, 1975, the Claimant was notified that he was found guilty as charged,
and was dismissed from the service of the Carrier.
Form 1 Award No. 7280
Page 2 Docket No. 7162
2-WT-CM-'77
The Organization contends that the Carrier has failed to sustain
its burden of proof with sufficient evidence to support its findings of
guilt. We disagree. We find that there was substantial evidence in the
record submitted to this Board to support the Carrier's finding of guilt,
including the testimony of Patrolman Schall, the presence of the Claimant
in the car, the finding of the six pack of beer and the finding of the
screw driver and flashlight on the service bar. The discipline of discharge
was not arbitrary, capricious or excessive in this case. We will deny the
Claim.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
. s marie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 5th day of April, 1977.