Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No.
8879
SECOND DIVISION Docket No. 87+6
2-CR-FO-182
The Second Division consisted of the regular members and in
addition Referee George S. Roukis wHcan award was rendered.
( -international 13rotherh«od of
Firemen
and Oilers
Parties, to Dispute
Consolidated Rail Corporation
Dispute: Claim of Employer:
1. That, in violation of the current agreement, Firemen & Oiler John J
Carras was unjustly suspended and dismissed from service of the
Carrier on January
4, 1979.
2. That, accordingly, the Carrier be ordered to make the aforementioned:
John J. Camas whole by reinstating him to Carrier's service, with
seniority rights unimpaired, made whole for all vacation rights,
holidays, sick leave benefits, and all other benefits that are a
condition of employment unimpaired, and compensated for all lost time
plus ten (IO%) percent interest annually on all lost wages, also
reimbursement for all losses sustained account of coverage under health
and welfare and life insurance agreements during the time he has been
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 employer involved in this dispute
arc respectively carrier and employe within the meaning of the Railway Labor Acs
as approved June 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.
In this dispute, Claimant was charged with two separate offenses and was
afforded two separate investigations on OctobE.r
30, 1978
and December
6, 1978,
respectively.
On October
30, 1978,
an investigation was held to determine whether he used
forged meal tickets on July 4, 11, 15, 16, 20, 21.1., 28, August. 5, 13, 20 and
September
30, 1978
which resulted in his apprehension by the Consolidated Rail
Corporation police on October 5,
1978.
On December
6, 1978,
an investigation was held t9p determine his involvement,
when on September
17, 1978
at approximately 11:30 A.M. meal tickets were unlawfully
removed from the General Foreman's office at Selkirk Fueling Station. Claimant
was apprised by certified letter, dated October 10,
1578,
that he was being held
out of service, pending tie disposition of the second specification and was
formally notified on January 2 and again on January l+,
1979
that he was found
Form I
Page 2
Award No. 8879
Docket No. 87+6
2-CR-FO-'82
guilty of the aforementioned offenses and dismissed from service. Ile was issued
two separate dismissals.
In defense of his position, Claimant contends that his dismissal was
arbitrary and capricious, since it was primarily based upon hearsay and secondary
sources. He argues that he was never charged or convicted of any crime in a
civil court in connection with the asserted charges.
Carrier contends that the testimony of Special Investigator, Robert Daucher
and the voluntary notarized statements of four of his fellow employees, attesting
to his wilfull complicity, clearly establishes his unauthorized use of meal
tickets on the dates delineated in the notice of discipline. Moreover, it asserts
that the signed statements of Laborer, John G. Wider, Jr. on October
7,
1978
detailing t'.i pilfer i.ng of blank meal tickets from the desk of the General
For man's offic;~ at Selkirk Fueling station an September 17,
1978
and claimant's
subsequent coercive behavior toward him, pointedly demonstrates his culpability.
It notes that he was put on probation by the Town of Coeyman s Court for a period
of six months because of his plea in connection with this matter end this
explicit acknowledgement confirms his guilt.
In our review of this case, we concur with Carrier's position. Careful
analysis of the investigative record, particularly the unrebutted testimony of
the Special Investigator, the notarized statements of Claimants' co-workers and
claimant's plea in the Town of Coe s Court persuasively corroborates his guilt
yman Claimant denied the charges but did not prove
impermissibly used meal tickets
20 and September 30, 1978 and unlawfully
that he was innocent. The record
shows L?-,at he on July 1+, 11, 15, 16, 20, 24, 28,
Augu..=~-- 5, 13, removed meal tickets from
the desk of the General Foreman an September 17, 1978. He was dismissed from
service twice for these two separate charges and his dismissal was predicated
upon a record of substantial probative evidence. In a companion case involving
one of the aforementioned co-workers, Electrician Gerald E. Houk, this Board found
him guilty of forging and misusing meal tickets by virtue of his own admission.
(See Second Division Award No. 8770. In the instant case, Claimant denies the
charges, but the evidence unmistakably points to a contrary conclusion. We will
deny the claim.
A W A R D
Claim denied.
Attest: Executive Secretary
National Railroad Adjustment Board
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
By
~/ffo emarie Brasch - Administrative Assistant
e DatedChicago, Illino1, this 27th day of
January, 198_.