Form 1 NATIONAL FAIMOAD ADJUST11;EUT BOARD Award No.
8150
SECOND DIVISION Docket Ho. 8070
2-IC G-CM-'
79
The Second Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award -vras rendered.
( System Federation Ho.
99,
Railway Employes'
( Department, A. F. of
h. - C
. I. 0.
Parties to Dis~onzte· ( (Carmen)
(
( Illinois Central Gulf Railroad Company
Dis,pute ; Claim of 7-ILT)l2yes:
1. That under the current Agreement, Caiman K. L. Roberson and Lead
CaR.
T.,
Wicksell.., were unjustly dismissed from service of
the Illinois Central Gulf Railroad on December 15, :1977.
2. That accordingly the I3? inof s Central Cite Railroad be ordered to
reinstate Caxxian K. L. I?oberson and head ""amian R. ;°?. W;.cksell.
to service vrith seniority uninpai r ed, be paid for w13.. time lost,
and any and
all.
other benefits they wuald be entitled as a. condition
of einploy~nent, plus six percent (61) interest on v-ages.
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 mealzing of the
Railway Labor Act as appr owed June 21,
1934.
This Division of the Adjustment Board has jurisdiction over the disp'ate
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Claimants Roberson and Wicksell, cax:;ien in carrier's Mays yard i n iie,a
Orleans, Louisiana, were dismissed from service for attempting, to steal
ten new Good gear tires, which were part of an interstate shipment. They
were observed transferring the tires fran a co:nrar~y truck to the personal
ear of claimant Wicksell. The eye witness -to this transfer reported it to
carrier's special agent, Faucheux. Investigation by the special agent
uncovered the tires in claimant's car, pa.rr_ed on company properuy. Claimants
Roberson and T~,Ticksell1 were subsequently cited for formal investigation to
determine whether they were guilty. At the conclusion of the hearing, carrier
dismissed both men. The organization protest:; carrier's actions, alleging
that claimants were not guilty. It clairr-z that they were framed arid that they
did not receive a fair and impartial investigation.
Form 1
Page 2
Mrard No. 8150
Docket ,,,To. 8070
2-TCG-CM-'79
From the record before it, this Board sees no facts that support the
organization's -position. Claimants Wieksell and Roberson did load ten tires
into Wicksel
I 's pr:i.vate ear. Snvest,it~ators did discover these tires in the
car. At the hearing, clairants could not explain away these .acts. Clainant
Wicksel3_ argued that he intended to turn the tires into the office. No
one would listen to him, ho~JrevrL. Further, the office eras locked, since it
was Sunday.
Carrier gave no credence to the contention that claimant intended to
turn the tires into the office, nor does the record support such a claim.
Carrier concluded that cl~ia.nts intended to steal the ten tires. From a
review of the records, this :Board concludes that carrier's decision was
based on substantial evidence. We see no reason to believe othererise.
We cannot support the organization's contention that carrier framed
claimants, nor ca,rl ie believe that clair__vnts did not receive a
fall
and
fair hearing. Clai:-iants and their representatives had every onportun-I ty
to call witnesses and to exaynine and cross-exa4m:i.ne them at the.-hearinT.
There is substantial evidence in the record before u;, to sun-Dort the chwrc°s
levied by carrier. There is no evidence to show that dismissal of claL-nants
was arbitrary or capricious. Consequently, the claim rust be denied.
A Z^T A R D
Claim denied.
Attest; Executive Secretary
National Railroad. Adjustment Board
NATTOT,AL RATLROAD ADJUSTTMI'TT BOARD
By Order of Second Division
By _
Rosemarie i.5?°asch - Ad::iin-istrative As:-!s~ant
Dated lat Chicago, Zllino:is, this 24th day of October,
1979.