Foam 1 NATIONAL RAILROAD ADJUSTiEl`1T BOARD Award No.
7919
SECOND DIVISION Docket No.
7626
2-A&,S-SM-'
79
The Second Division consisted of the regular meYoexs and in
addition Referee Arthur T. Van Wart when award was rendered.
( Sheet Metal Workers' International
( Association
Parties to Dispute:
_ (
( Alton and Southern Railway Company
Dispute: Claim of Employes:
1. That the Alton and Southern Railroad Company violated the
controlling agreement, particularly Rates 19 arid 2? when they
unjustly dismissed Sr.eet Metal Worker Lugene E. Stanford from
their service effective July 1,
176.
2., That accordingly, the Alton anal Southern Railroad be ordered to
return Sheet Metal Worker Lugene F Stanford to service with all
seniority rights unimpaired and compensate him as follows:
1. Compensate Claimant fox all time lost with
6jo
interest
per annum.
2. Pay all Hospital Association dues fox all time out of
service.
3.
Drake whole fox all vacation rights.
1+. Pay premiums fox Group Life Insurance fox all time held out
of service.
5.
Compensate Claimant fox all holidays while out of service.
6.
Compensate Claimant fox all sick pay.
7.
Make whole for all insurance premiums.
8.
Compensate Claimant for all jury duty pay lost.
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 employer involved in this
dispute axe respectively carrier and employe within the meaning of the
Railway Labor Act as approved June 21, 1Q34.
Foam 1 Award No.
7919
Page 2 Docket No.
7626
2-AYxS-SM-'
79
This Division of the Adjustment Board has jurisdiction over the dispute
involved herein.
Panties to said dispute waived right of appearance at hearing thereon.
Claimant, on June 30, 197, had been employed as a Sheet Metal Worker
for some seven (7) years and was working the third shift, L1:00 PM to 7:00 AM
at Carrier's East St. Louis Mechanical facility.
Carrier's Special Agent observed two persons, later determined to be
Claimant and another employee removing merchandise which had spilled out of
a trailer and onto a flat car on which the trailer. was loaded. The other
employee was on the flat car and he handed boxes, later found to contain
hibachis, down to Claimant who was observed placing ^, carton of such
merchandise in the trunk of his automobile, closing the trunk and driving
away from the location of the trailer and flat car. Said Chief Special
Agent contacted another Carrier Patrolman and directed him to intercept
this car.
Carrier patrolman stopped Claimant's vehicle and waited until the Chief
Special Agent and a Tx°ainmaster arrived at the location of the car. They
identified themselves to the driver of that car, Mr. hugene Stanford, the
Claimant herein, a Sheet Metal Worker and an on-duty employee of this
Carrier. Claimant eras requested to open the trunk of his car and did so.
Therein was found the box which had been taken from trailer ?MOZU 290988.
In this box was later found three port2.ble barbeque grills ox' hibachis.
Claimant, who had been advised of his constitutional rights, was taken
by the police to Carrier's General Office Building. Subsequently, Claimant
requested to talk to one of the Patrolmen and in his presence made and
signed a written statement which implicated several other employees.
Claimant implicated the Car Foreman, who, according to such statement, said
that he wanted tyro hibachis, two Machinists and a Caboose Supply Man, who,
incidentally was the other employee observed in the act of passing two
boxes down from inside the trailer. Cla:i.smant's voluntary statement was
signed by Claimant, witnessed by the Chief Special Agent and the Patrolman,
at 2:00 AM on July 1,
1976, some 2 1/2
hours after Claimant was first
observed loading the box of merchandise into the trunk of his car.
A subsequent inspection by the police of the employee's locker room
uncovered seven hibachis. The locker of one of the employees incriminated
by Claimant was inspected and three hibachis were found therein, two of which
were still in boxes. Claimant and four other employees, the Caboose Supply
Man, two Machinists and the Car Foreman, were given the follow-Ing notice of
investigation:
Form 1 Award No.
7919
page
3
Docket
NO.
7626
2-A&S-SM-'79
"Arrange to report to the Alton and Southern Railway
Company Conference Room, 1000 South Twenty-Second
Street, Fast St. Louis, Illinois, at
9:00
At4, Wednesday,
July
7, 1976
for formal investigation to develop the
facts and place your responsibility, if any, in
connection with the rer^oval of merchandise from Container
No. MOLU 2GOy88
on Car flAX
9X+353
located on the Rip
Runner Track directly adjacent to Mlechanical Building
Lunch Room at or about L1:50 f~ June 30,
19(6."
As a result of the investigation, which concluded on August
17, 1976,
Carrier
determined
that Claimant had responsibility and on August
20, 1876,
he was advised:
"The investigation developed that you were apprehended
with merchandise in yov_.r position and that you did give
a written statement admitting your guilt in this matter
and naming caber employees that were involved.
This is to advise that effective this date, your personal
record is assessed with dismissal for the above stated
reasons."
This is a companion claim to that in Docket
7622
wh~s_eh resulted in this Bo-ard's
Award No.
7918.
The Board finds that C7_wizrant was accorded all the procecllmral
rights set forth in Rule
19
of the applicable Agreement. Claimant was
given proper notice, he eras represented, he elected not to call any witnesses
and he did participate in the investigation by answering questions, making
statements and questioning witnesses both personally and through his
representative.
The Board finds that sufficient competent evidence was adduced to support:
Carrier's conclusion as to Claimant's culpability. Here, Claimant on the night
of June
30, 1976
was observed in the act of participating in the theft of
merchandise from a container car which had been entrusted to his employer
for shipment. A search of his autoTrobile, in the presence of witnesses,
disclosed the box that Claimant had been observed placing in the trtzn:: of
his car. Later, Claimant voluntarily gave a written statement, witnessed
by police officers, which implicated employees other than she Caboose Supply
I~Tan, who had been previously observed in the act of passing boxes down to
Claimant. Despite efforts by Claimant to recant his written statement the
record is sufficient to support the conclusions reached by Carrier.
This Board will not substitute its judgment for that of Carrier where,
as here, sufficient evidence eras adduced to sLZppox-t the conclusion that the
offense with which Claimant i,~s charF ed vas i n fact committed. Claimants
act of participating in the theft of goods entrusted to his unployer strikes
a blow at the stability of the Company and the security of his fellow
employees. His dishonest act weakens the confidence that the shippers must
Form 1
Page
Award No.
7919
Docket No.
7626
2-Arms-sM-'79
hold in Carrier's ability to safely deliver merchandise entrusted to it.
It likewise strikes at a fundamental basis of the employer-employee
relationship, to wit - honesty. We find that the discipline of dismissal
to be not excessive or unreasonable. In such circUnstances this claim will
be denied. In view of these findings the Board merely notes that Part II of
the Claim has no foundation and authority in the Agreement. Thus, the
Board would otherwise have no authority to pass on the specified items in
Part II of the Statement of Claim.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIOIT.4T, RAIhROU ADJUSTiETJT
BOARD
By Order of Second
Division
By
`.~.~einarie Brasch - Administrative Assistant
Dated ~t Chicago, Illinois, this 16th day of May,
1979.