Form 1
NATIONAL, RAILROAD ADJLTSTMEiVT BOARD
Award No,
7831
SECOND DIVISION
Docket
No.
7682
2-N&W-CM-'79
The Second Division consisted of the regular members and in
addition Referee Arthur T. Van Wart when award was rendered,
( System Federation No, 16, Railway Employes'
( Department, A, F. of Z, - C, I. 0.
Fatties to Dispute: ( (Carmen)
(
(Norfolk and Western Railway Company
Dispute: Claim of Employes:
1. That the Norfolk and Western Railway Company violated the
controlling Agreement when it unjustly dismissed Caiman R. A.
Harvey from service as a result of investigation held October 5,
1976, at Bellevue, Ohio.
2. That the Norfolk and Western Railway Company be ordered to
reinstate Carman R, A, Harvey, compensate him for all time lost
beginning November 5, 1976, and make him whole for all seniority
rights, vacation rights, and all other rights and privileges due
him as an employee of the carrier had he not been unjustly
dismissed.
Findings:
The Second Division of the Adjustment Board, upon the whole record and
all the evidences finds that:
The carrier or carriers and the employe or employes involved in this
dispute are respectively carrier and employe -w~ithin the meaning of the
Railway Labor Act as approved June 21, 193+.
This Division of the Adjustment Board has jurisdiction over the dislaite
involved herein,
Parties to said dispute waived right of appearance at hearing thereon.
Claimant had been employed as a Carman at its Bellevue, Ohio facility
for some eight and one-half (8,,1) years. He was arrested August 17, 1976,
along with another man, for petty theft (removal of a tent from a Bellevue
store). An article thereof appeared in the Bellevue Gazette August 18,
1976. Cla:i~nant subsequently entered a .plea of guilty to a charge of petty
theft and was fined 2500
Claimant was charged with conduct unbecoming an employee and given a
formal investigation thereon. As a result thereof, Carrier concluded that
he was guilty as charged. Claimant was dismissed from service as discipline
therefor.
Foam 1
Page 2
Awaxd~No.
7831
Docket No. 7682
2-N&W-CM-'79
Claimant was afforded due process. The evidence adduced including
Claimant's admissions, clearly support the conclusions reached by Carrier. It
,reflects that Claimant Carman also held a part time job with a store in
Bellevue and that he unauthoxizedly removed merchandise therefrom. Claimant,
was apprehended and pled guilty thereto.
Claimant's conduct was in violation of Bulletin 26-5, issued at
Bellevue June 25,
197+,
reading:
"All Concerned ....
Cax Inspectors' Bldg, Rt.
4.
Effective with the issuance of this bulletin, the following
,rule is in effect:
The conduct of any employee leading to conviction of any
misdemeanor involving moral turpitude (including without
limitation, the unlawful uses possession, transportation or
distribution of narcotics ox dangerous drugs) or of any
felony is prohibited . ..."
By whatever name such act may be labeled, it remains a dishonest act.
Carrier, particularly as a co=mon Ca.x°xier, should not employ, keep, ox be
required to keep, in its employe a dishonest employee. There is no cause
in the record to conclude that Carrier had acted arbitrarily ox capriciously
in discharging Claimant. This claim will be den;_ed.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTI~ENT BOARD
By Order of Second Division
e~emaxie T3xasch - Administrative Assistant
Dated at Chicago, Illinois, this 7th day of February.,
1979.