Form 1 NATIONAL RAILROAD ADJUS=rrr BOARD Award No. 7369
SECOND DIVISION Docket No. 7205
2-BNI-Ew-'77
The Second Division consisted of the regular members and in
addition Referee Robert A. Franden when award was rendered.
( System Federation No. 7, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Panties to Dispute: ( (Electrical Workers)
( Burlington Northern Inc.
Dispute: Claim of Employes:
1. That in violation of the current working agreement, Mr. Praites
Wilson, Electrician, North Kansas City Diesel facility, Kansas
City, Missouri, was unjustly dismissed from the service of the
Burlington Northern Inc. on July
19, 1975.
2. That accordingly, the Burlington Northern Inc. be ordered to make
whole Mr. Wilson, restoring him to his regular position of
Electrician at North Kansas City, with all seniority, railroad
retirement, holidays, vacation, hospitalization and any other
rights, privileges ox benefits allowable under rules, agreements,
or laws and compensated fox all lost time.
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 employer involved in this
dispute are respectively carrier and employe within the meaning of the
Railway Labor Act as approved June 21,
193+.
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
This is a discipline case.
Claimant was dismissed from the service of the carrier after an
investigation, held pursuant to notice requesting claimant to appear "for
the purpose of ascertaining the facts and determining your responsibility
in connection with the alleged finding of railroad property in your personal.
automobile at approximately 11:50 P.m., June 15,
1975
while your automobile
was parked at the Burlington Northern Roundhouse Parking Lot at North Kansas
City, Missouri."
The claim herein is based on two grounds. 1) That the notice of the
investigation was not sufficient and 2) that the penalty was too severe in
light of the claimant's 22 years of employment with the carrier.
Form 1
Page 2
Award No. 7369
Docket No. 7205
2-BNI-EW-177
We have examined the record. in this matter and find the claimant's
allegations to b e wanting. There is no question but that the notice given
was sufficient to advise the claimant of the offense with which he was
charged. We are unable to sustain the claimant's allegation of a procedural
defect in this regard.
Further, the allegation of the claimant that the penalty was too severe
fails. The charge of dishonesty is serious. The Record indicates that there
is sufficient evidence of probative value to sustain the charge and we will
not substitute our judgment for that of the carrier in imposing the penalty
of dismissal fox this type of activity committed by an employe.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
By ,/ ~ v
o~emarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 14th day of October, 1977