Form 1 vTATIOHAL RAILROAD ADJUST'~NT BOARD Award No. 7+70
SECOND DIVISION Locket No. 7+16
2-AT&SF-FO-'78
The Second Division consisted of the regular members and in
addition Referee Robert A. Franden when award was rendered.
( System Federation No. 97, Railway Employes'
Department, A. F. of L. - C. 1. 0.
Parties to Dispute: ( (Firemen & Oilers)
(
( The Atchison, Topeka & Santa Fe Railway Company
Dispute: Claim of Employes:
(1) That under the current agreement Laborer J. D. Seale was unjustly
dismissed from the service of the Carrier as a result of an
investigation held on October
14, 1975,
at Brownwood, Texas.
(2) That accordingly the Carrier be ordered to reinstate the Claimant
with his seniority, vacation, hospital and insurance rights
unimpaired and also that he be additionally compensated at his
applicable hourly rate of pay for all time lost retroactive to
October
13, 1975,
and to continue on the same basis until he is
returned to service.
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,
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.
Pursuant to Notice and investigation properly held claimant was dismissed
from the service of the carrier for violation of company rules 15, 16, and
30.
More specifically he was dismissed for appropriating conps,ny property
to his own use and failing to protect his assignment.
The record supports the carrier's finding of guilt in this matter.
Sufficient evidence of probative value was presented to substantiate the
charges. These are serious offenses for which, absent some reason for
leniency, dismissal is a proper punishment. We find no cause for
leniency in this case.
Form 1
Page 2
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
AW A R D
Award No.
7:+70
Docket No.
7+16
2-AT&SF-FO-'
78
1w
NATIONAL RAILROAD ADJUSTMEPiT BOARD
By Order of Second Division
By
,L.ry~~
To
emarie Brasch - A r_inistrative Assistant
Dated at Chicago, Illinois, this 10th day of February,
1978.