Form 1 NATIONAL .RAILROAD ADJUSTMENT BOARD Award No. 8436
SECOND DIVISION Docket No. 8270
2-CR-FO-'80
The Second Division consisted of the regular members and in
addition Referee John B. haRocco when award was rendered.
( System Federation No. 1, Railway Employes'
( Department, A. F. of Z. - C. I. 0.
Parties to Dispute: ( (Firemen & Oilers)
(
( Consolidated
Rail
Corporation
Dispute: Claim of Employes:
1. That, in violation of the current agreement, Firemen and Oiler E. P.
Gomez, 51st Street Diesel Pad, Consolidated Rail Corporation, Chicago
Illinois, was unjustly suspended and dismissed frcen service of the
Carrier following hearing held on January 27, 1978.
That, accordingly, the Carrier be ordered to make the aforementioned
E. P. Gmez whole by restoring him to Carrier's service with seniority
rights unimpaired, plus restoration of all holidays, vacation, health
and welfare benefits, pass privileges and all other rights, benefits
and/or privileges that he is entitled to under rules, agreements,
custom or law, and compensated for all lost wages and, in addition, the
amount of
6%
annual interest on such lost wages.
Findings:
The Second Division of the Adjustment Board, upon the whole record and a]-IL
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 T`une 21, 1934.
This Division of the Adjustment Board has jurisdi:tion over the dispute
involved herein.
Parties to said dispute waived right of appearance at hearing thereon.
Claimant, a laborer, in the employ of the carrier for 19 years was charged
with the unauthorized possession, signing and cashing of a carrier payroll check
made payable to a fellow employe in 1977. Claimant was suspended from service on
January 23, 1978 pending a trial which was duly held on January 27, 1978. On
February 21, 1978, Claimant was discharged.
The underlying facts are undisputed. Claimant obtained possession of a
carrier payroll draft made payable to a fellow employe. At a currency exchange,
the claimant endorsed the check by forging the signature of his fellow employe.
In exchange for the check, the claimant received a money order made payable to
the fellow employe, The claimant altered the payee's name on the money order
to his own name. The Claimant admitted to these facts at the hearing on January
27, 1978 as stated at page
3
of Employes' Exhibit B:
`cQ.
Do you admit to signing and cashing this payroll check?
Form 1
Page 2
Award No.
8436
Docket No. 8270
2-CR-FO-'80
"A. (Claimant) Yes, I went down to the currency exchange
signed the check and he ... gave me the money."
The organization first contends that the carrier inp roperly suspended the
claimant pending a heating under discipline Rule 20(b). Rule 20(b) provides for
the suspension of an employe before an investigation where the company suspects
that the employe committed a major offense. The organization argues that the
claimant never jeopardized the health and safety
of
other employes so the Claimant
is presumptively not guilty of a major. violation. We do not agree with this
position. There are many types of misconduct which constitute a major offense
and the endangerment of other workers is not an essential prerequisite. The
claimant was stealing money from his employer and a fellow employe. Theft by
deception is a grave offense justifying suspension before the investigation.
The Organization asserts the penalty of discharge is excessive and arbitrary,
especially in light of the Claimant's years of service. We do not agree. The
offense was serious; guilt was proven by the Carrier, even admitted to by the
Claimant. We may not substitute our judgement for that of the Carrier in situations
of this type. The claim must be and is denied.
A W A R D
Claim is denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
By
R semarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 21st day of August,
1980.