Form 1 NATIONAL RAILROAD ADJUSTMENT BOAR Award No.
7746
SECOND DIVISION Docket No.
7619
2-C R-Ew-'
78
The Second Division consisted of the regular mem'pers and in
addition Referee Herbert L. Marx Jr. when award was rendered.
( System Federation No. 1, Railway Employes'
( Department, A. F. of L. - C. I. 0.
Parties to Dispute: ( (Electrical Workers)
(
( Consolidated Rail Corporation
Dispute: Claim of Employes:
1. That under the current agreement, Electrician P. J. Derenzo, Jr.
was unjustly dismissed from service effective September 2,
1976.
2. That accordingly, the Carrier be ordered to restore him to service
with all seniority unimpaired.
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.
After an investigative hearing, Claimant was dismissed from service on
September 2,
1_976,
for the following offense:
"At approximately
6:30
P.m., Monday July
19, 1976,
you were
arrested for having stolen six coils of copper uni.nsulated
00 gauge wire weighing a.pproxi;rately 1,213 lbs. and disposing
of this material for $545.85 to T. A. Predel Company, Inc.,
Schenectady, New York. This wire was taken from a cement
block building at CP-14, Town of Mohawk, on the Mohawk-Hudson
Division of the Consolidated Rail Corporation at approximately
2 p.m., on Thursday, July
8
and Friday, July
9, 197Fi."
By written statement prior to the investigative hearing, and at the
hearing itself, the.
Claimant
admitted that he had stolen the torpor wire
referred to in the charge, and had sold it and kept a portion of the
proceeds.
Form 1
Page 2
Award No.
771+6
Docket No.
7619
2-CR-EW-'78
The employe and the organization seek reinstatement on the basis of
leniency, supported by a seven-year good work record. As determined in
numerous previous awards, matters of leniency are 3n the exclusive province
of the employer and not this Board.
As to the appropriateness of the .penalty, theft from the employer is
,plainly grounds to render an employe unsuitable for flzture employment. In
this case, the matter is exacerbated by considerations that the theft was
deliberately planned, substantial in value, and was used to enrich directly
the employe and his collaborators. There are no grounds to question the
Carrier's action in dismissing the Claimant from service.
A G1 A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
PTATIOPuAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
~;o-~`eraazie Bnasch - Administrative Assistant
Dated ~t Chicago, Illinois, this 29th day of November,
1978.