Form
1 NATIONAL RATLFOAD ADJUSTMdT BOARD
Award No.
7922
SECOND DIVISION Docket No.
7666
2-L8c1V-CM-'
79
The Second Division consisted of the regular members and in
addition Referee Dana E. Eischen when award was rendered. ,
{ System Federation No.
91,
Railway Employes'
Department, A. F. of L. - C. I. 0
Parties to Dispute: ( (Carmen)
- {
( Louisville and Nashville Railroad Company
Dispute: Claim of Employes:
1. That Cayman C. R. Schuu'!tz eras illegally suspended from service
on June
9, 1976,
and was then dismissed from service in violation
of the current agreement on June 25,
1976
and
2. Accordingly, the Louisville and Nashville Railroad should be
ordered to
(a) Restore him to service with seniority and all employee
rights unimpaired.
(b) Compensate him for all time lost as a result of his ad-msissal
with interest at the rate of
6%
per arrnur~ on all money d?ie
him, and
(c) Pay premiums for his hospital, surgical, medical, group life
insurance and supplemental sickness benefits for the entire
time he is withheld from service.
Findings:
The Seconi 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.
Claimant was employed as Cayman at Carrier's, Strawberry Yards, Louisville,
Kentucky. Under date of ..Tune
9, 1976
he wms suspended from service pending
investigation into charges reading as :follows:
Form 1 Award No.
7922
Page
2
Docket No.
`(666
2-h&N-CM-`79
"In connection with your arrest by the Jefferson County
Police on February
24, 1976
on charges of theft by
unlawfully taking over $100.00 and receiving stolen
property, you are charged with conduct unbecoming
an employee in that you pleaded guilty in Jefferson
Circuit Court, Criminal Division No. 1 on June I+,
1976
to an amended charge of receiving stolen property
under100. 00. r $100,00.11
FollowTing investigation, at which he was represented by the organization,
Claimant was dismissed for conduct unbecoming an employee. Therefore, the
instant claim was filed and processed on the property without settlement.
The record shows that Claimant eras one of several employes arrested
by Jefferson County Police on various charges of theft from interstate
shipments moving via Carrier's line, as well as theft of various items of
Carrier's own property. He pled guilty to a reduced charge of receiving
stolen property and received a suspended jail sentence of
6
months. His
sole defense to the prima facie case presented against him at the Carrier's
hearing and investigation eras that he had purchased all of the items in
question from an establishment kno-vm as "Crazy Ied's". Absent his own
basic assertion there is no evidence whatsoever on the record to support
this defense. None of the alleged receipts were produced and indeed, the
very existence of "Crazy Red's" remains doubtful on this record. We cannot
conclude that Carrier acted arbitrarily and unreasonably in finding Claimant
guilty as charged and in rejecting his defense. Nor considering the
seriousness of the offense involved, can we deern~the penalty of dismissal
overly harsh or inappropriate.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
~G ~
R semarie Brasch - Administrative Assistant
Dated t Chicago, Illinois, this 16th day of May,
1979.