Form 1 NATIONAL RAILROAD ADJUSTMEIIIT BOARD Award No.
7570
SECOND DIVISION Docket No.
7450
2-MC-CM-'78
The Second Division consisted of the ,regular members and in
addition Referee Walter C. Wallace when award was rendered.
( System Federation No. 18, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Carmen)
(
( Maine Central Railroad Company
Dispute: Claim of Employes:
(a) That under the current Agreement, B. F. Hale, Carman, was
unjustly dismissed from the service of the Maine Central
Railroad Company on October 28,
1976.
(b) That accordingly, the Maine Central Railroad Company be ordered
to reinstate Carr-an B. F. Hale to service with seniority rights,
sich leave benefits and all other benefits that are a condition
of employment unimpaired and compensation for all time lost
while being held out of service.
(c) Reimbursement for all losses sustained account of loss sustained
account of loss of coverage under the health and. welfare and
life insurance agreements during time held out of service.
Findin-s:
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 i~raived right of appearance at hearing thereon.
In this case claimant admitted that he had been arrested, pleaded
guilty and was sentenced on a charge of "attempting to commit a larceny"
in the early morning hours of October
b,
1976
at Bangor, Maine. He was
dismissed from Carrier' s service after a hearing had been held.
Claimant now, through the Organization, seeks reinstatement to service
and compensation for time lost contending that Carrier failed to prove that
claimant's actions vTa-rranted dismissal; and further, that the action occurred.
off duty and not on Carrier's property.
Form 1 Award No.
7570
Page 2 Docket No.
7450
2-MC-CM-'78
After a careful .review of this .record, the Board finds no basis for
overturning Carrier's actions. It is a universally accepted. tenet in this
industry that dishonesty is a dismissible offense. Carrier has the right
to expect honest exnployes, and has no obligation to retain 9_n its service
those, who by their own admission, are not.
While there axe Avards which have at times held that Carrier's rules
do not properly extend to off-duty misconduct; situ.at-ions that, as here,
involve acts of misconduct which are of such a character as to destroy
confidence in the employe's integrity, self-control and judgment, a different
application must obtain.
The discipline assessed in this case was not unjust, unreasonable ox
arbitrary. We must uphold Carrier's discipline.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUS=MT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
r
By .;1.,?!
..i.-!1-
; ~f ~l
--;of
emarie Brasch - Administr':tive Assistant
Dated at Chicago, Illinois, this 23rd day of June,
1978.