Form 1 NATIONAL
RAILROAD ADJUSTMENT BARD Award No.
87:18
SECOND DIVISION
Docket No.
8817
2 -S PT-cri-' 81
The Second Division consisted of the regular members and in
addition Referee David H. Brown when award was rendered.
( Brotherhood Railway Carmen of the United States
Parties to Dispute: and Canada
( Southern Pacific Transportation Company
Dispute: Claim of Employes:
1. That under the current Agreement, Carmen K. Din, G. W. Winters, R. Venegas,
A. C. Williams, and T. B. Erickson were unjustly deprived of their rights
and compensation when they were improperly dismissed from service on
March 19 and 22,
1979,
as a result of investigations held on March 12,
and
16, 1979.
2. That accordingly, the Southern Pacific Transportation Company be ordered
to reinstate Carmen K. Din, G. W. Winters, R. Venegas, A. C. Williams, and
T. B. Erickson to service at
Roseville,
California in accordance with the
provisions of Rule
39,
with compensation for all time lost, and that they
be made whole for all vacation rights, pension benefits
including Railroad
Retirement and Unemployment Insurance, and any other benefits they would
have earned 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 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.
After formal investigation each of the claimants was discharged for violation
of that portion of General Rule 801 reading:
"Employees will not be retained in the service who are ...
dishonest..."
The claimants each admitted that they had committed theft of Company property.
Each of them was convicted in U. S. District Court of theft of interstate shipments
.
There is no question of
sufficiency
of the evidence. This appeal is grounded on
the organization's contention that
the claimants were disciplined in
violation of
the Agreement in
view of the fact that the investigation was held approximately one
year after the incidents occurred for which Claimants were
disciplined.
However,
the
record reflects that for nearly a year the FBI, with the cooperation of Southern
Pacific law officers, conducted a wide-ranging investigation designed to halt
numerous thefts from interstate shipments.
Such
investigation was
not
concluded
Pte, 1 Award No.
8748
Page 2 Docket No.
8817
2-SPr-CM-X81
until early March of
1979,
although there was some publicity before such time. On
the whole record, we conclude that Claimants were fairly and properly handled.
A W A R D
Claims denied.
NATIONAL RAIIROAD ADJUSTMENT BOARD
By Order of Second Division
Attest: Executive Secretary
National Railroad Adjustment Board
By
e rie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 26th day of August,
1981.