Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8066
SECOND DIVISION Docket No,
8058
2-UP-BM-'79
The Second Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered,
( System Federation No, 105, Railway Employes'
( Department, A, F, of L, - C. I. 0.
Parties to Dispute:- ( (Boilermakers)
( Union Pacific Railroad Company
Dispute: Claim of Employes;
That the Union Pacific Railroad Company, hereinafter referred
to as Carrier, dealt unjustly and unfairly with former Boilermaker
Helper, Dana J. Cayman, Sr.,, when suspending him from service on
August l7, 1977 and subsequently dismissed him from service
August 2g, 1977.
That accordingly, the Carrier make Dana J. Carman, Sr., whole
by:
(l) Restoring him to Carrier's service with seniority rights,
vacation rights, holidays, sick leave benefits and all other
benefits that are a condition of employment unimpaired, and
compensation for all lost time, plus
6%
annual interest on all
such lost wages. Also reimbursement for all losses sustained on
account of loss of coverage under Health and Welfare and Life
Insurance Agreements during the time held out of service.
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 ,Tune 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 suspended from service on August 17, 1977. After a hearing,
he was dismissed frown service on August 29, 1977, for stealing and selling
for his own-personal gain an irqpact tool. Claimant's wife called Carrier to
report that Claimant and another employee had stolen same drills from
Carrier. Her call was made in an attempt to harm Claimant as a result of
a domestic problem.
Form 1 Award No.
8066
Page 2 Docket No.
8058
2-UP-BM-'79
As a result of this call, two Carrier special agents called Claimant
in for a discussion. During this discussion, it was not brought out that
Claimant had stolen drills, but he did readily admit to having stolen and
sold the impact tool. This tool was stolen and sold by Claimant more than
one year prior to the meeting with the special agents. This Board has
consistently stated in awards that stealing from Carriers, regardless of the
value of the property stolen, is grounds for discharge. We have been
reluctant to substitute our judgment for the judgmnent of the Carrier in
such cases and have avoided reinstating discharged employees who have been
found guilty of theft. We have, however, on some occasions reversed a
Carrier's actions if we thought the discipline imposed was arbitrary or
capricious, or the discipline had by the time of our deliberations served
its purpose.
In the instant case, we think the discipline imposed to date has
served its purpose. Claimant readily admitted to the theft. Had he denied
it, Carrier may not have brought charges against him. Claimant's expression
of honesty under the
circumstances are sufficiently impressive to persuade
this Board that he should have: one last chance to return to employment and
become a productive and exemplary employee. Claimant must be made aware
that if he is involved in arty further incidents of theft of property or
time, his discharge would be izminent. This Board would doubtless deny
a further chance to return to work.
A W A R D
Claimant is returned to service without arty back wages or payment for
lost benefits.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
,
By
semarie Brasch - Administrative Assistant
Date at Chicago, .Illinois, this 29th day of August, 1979.