Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8628
SECOND DIVISION Docket No.
8247
2-CR-BY,-'81
The Second Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
( International Brotherhood of Boilermakers, Iron Ship
Parties to Dispute: ( Builders, Blacksmiths, Forgers and Helpers
(
( Consolidated Rail Corporation
Dispute: Claim of Employes:
1. That under the Current Agreement Blacksmith D. M.Savino was unjustly
removed from service of the Consolidated Rail Corporation beginning
with August
18, 1978
and subsequently dismissed from all services of
the Consolidated Rail Corporation effective September
29, 1978.
2.
That accordingly, the Consolidated Rail Corporation be ordered to restore
Blacksmith D. M. Savino to the service and pay him for all time lost
from August
18, 1978
until he is returned to service, including vacations,
health and welfare benefits and any other benefits
due him under the provisions of the Current Working Agreement.
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 June
21, 1934.
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, D. M. Savino, a welder at carrier's Juniata locomotive shops, was
charged by carrier with the theft of railroad cross ties. A hearing was held into
the matter and at its conclusion, claimant was discharged from service. Carrier
argued that claimant took full-length new and used cross ties from Conrail property
when he had permission to remove butts only. It also argued claimant used a
release form that had expired to justify his action.
Claimant argued that he only took what he thought to be scrap and that he had
never stolen frown the railroad.
The record of this case clearly indicates that claimant did remove full-length
new ties and reclaimed ties from carrier's property without proper authority.
This board has carefully reviewed the record of this case and can find no facts
that can mitigate against a finding that claimant is guilty, as charged by carrier.
Form 1
Page 2
Award No. 8628
Docket No. 8247
2-CR-BK-'81
It has been the policy of this board to support carrier when discipline is
administered for proven theft. Dismissal is the accepted penalty for theft in the
railroad industry. The reasons for it need not be restated by this board.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAIIROAD ADJUSTMENT BOARD
By Order of Second Division
By
0emarie Brasch - Adm n strative Assistant
Dated Chicago, Illinois, this 25th day of February, 1981.