Form 1 NATIONAL RAILROAD ADJUSTMEIZT BOARD
Award No.
7666
SECOND DIVISION
Docket No.
7512
2-SPf-CM-'78
The Second Division consisted of the regular members and in
addition Referee Ralph W. Yarborough when award was rendered.
( System Federation No.
162,
Railway Employes'
( Department, A. F of
L. - C. I. 0.
Parties to Dispute: ( (Carmen)
(
( Southern Pacific Transportation Company
Dispute: Claim of Employes:
1. That the Southern Pacific Transportation Company (Texas and
Louisiana Lines) violated the rights of Carman R. L. McMahan
when they dismissed him from service following investigation
held on
April 22, 1976.
2.
That accordingly, the Southern Pacific Transportation Company
(Texas and Louisiana Lines) be ordered to reinstate Carman McMahan
to service with all health and welfare benefits intact, all
seniority and vacation rights restored and that lie be compensated
for all time lost from April
15, 1976,
until he is reinstated.
Findings:
The Second Division of the Adjustment Board, upon the whole record and
all the evidence, finds that:
The carrier or carriers and the a?:nploye 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.
On March
3, 1976
at about
2:00
a.m. some cars were unlawfully entered
on a freight train being serviced in the Southern Pacific Transportation
yards in San Antonio and goods were unlawfully taken from the cars, goods
which were being carried. in interstate commerce. On that day Employe was
working as a car inspector in the east yard of Carrier at San Antonio,
Texas. On March Z; , 1976 Claimant was approached by an F.B.I. agent who
told him that another carrier employe was in ja-i l charged with the events
of the day before, and that if he, Claimant, would cooperate with the
officers, they would recommend spec_al consideration for h~ri. The C1aiy:,.ant
then confessed he had stolen goods the night o1 March
3
from the carrier.
Form 1
Page 2
Award No.
7666
Docket No. 7512
2-SPT-CM-`78
On April
15, 1976,
Claimant pled guilty in the United States District
Court for the Western District of Texas at San Antonio, Texas of taking,
stealing and carrying away property of a value of less than $100.00, which
was at that time traveling in interstate and foreign commerce, and was fined
in the sum of $1000.00.
Claimant took the stand at the hearing in this record and complained
that he did not receive special consideration after cooperating with the
officers, but at no place in the record can we find that he denied that he
stole the goods from the train in interstate commerce at the San Antonio
yards of the carrier on the morning of March
3, 1976.
We find appeal absolutely without merit.
A W A R D
Claim of employe denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTP,ILENT BOARD
By Order of Second Division
By
,.;;;5O:b:lade BraSCh - Administrative Assistant
Dated
J
Chicago, Illinois, this
15th day of August,
1978.