Form 1 NATIONAL RAILROAD ADJUSTN1ENT BOARD Award No.
7344
SECOND DIVISION Docket No.
7209
2-CR-CM-'77
The Second Division consisted of the regular members and in
addition Referee James C. McBrearty when award was rendered.
( System Federation No.
109,
Railway Employes'
( Department, A. F. of L. - C.I. 0.
Parties to Dispute: ( (Carmen)
(
( Consolidated Rail Corporation (RDG)
Dispute: Claim of Employes:
1. That under the
controlling agreement
Coach Cleaner Ronald Adams was
improperly and unjustly dismissed from the services of the Reading
Company September
24, 1974.
2.
That accordingly, Coach Cleaner Ronald Adams, be restored to service
with all seniority and service rights unimpaired, paid fox all time
lost, including all other benefits attached to his employment plus
61,
interest on all monies due him since August
17, 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.
Claimant was a Coach Cleaner employed by Carrier on February 10,
1974.
Claimant was notified by Carrier on September 26, 1971, that he was being
dismissed from service effective Septemler 20, 1974 as a result of an
investigation held on August
20"
and 2'l,
197%+.
According to Carrier this
investigation established Claimant's guilt in the theft and forging of
another employee's check in the amount of
$x-8.31
at 7:30 AM on August 10,
1974.
First, we do not find that any of Claimant's substantive procedural
rights were violated.
Turning to the merits of the case, we find. that Claimant's culpability
has been established by s;apstantial evidence in the record.
mosw
Iwo,
I
Form 1 Award No. 7344
Page 2 Docket No. 7209
2-CR-CM-'77
There are several serious infractions widely recognized in industrial
arbitration as justifying discharge for the first offense, without regard to
the employee's prior record or length of service. Theft of another employee's
pay check and forging of same is certainly one of them.
We can find no basis on which to substitute our judgment for that of
Carrier in this instance.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By ..':t..
--~o emarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 8th day of September, 1977.
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'Not
----.MONO