Form 1 NATIONAL 'RAILROAD ADJUSTMENT BOARD .ward No. 9200
SECOND DIVISION Docket No. 8871
2-BN-CM-'82
The Second Division consisted of the regular members and in
addition Referee Steven Briggs when award was rendered.
( Brotherhood Railway Carmen of the United States
Parties to DisrJUte : ( and Canada
(
( Burlington Northern Railroad Company
Dispute: Claim of Bnployes
1. ) That the Carrier violated terms of the current agreement, particularly
Rule
35
, when Seattle Coach Cleaner, W . C . Nienow, was improperly and
unjustly dismissed from service on November 22,
1978.
2. ) That accordingly, the Burlington Northern, Ine., be required to return
Coach Cleaner W. C. Neinow to active service and reimburse him for all
wage loss during his suspension, restoration of all fringe benefits,
including vacation, seniority, unimpaired, pass rights, made whole for
all Health and Welfare and Life Insurance benefits, made whole for pension
benefits, including Railroad Retirement and Unemployment insurance, and
made whole for any other benefits that he would have eraned during the
time he was held out of service, commencing November 22,
1978
end
continuing until properly restored to 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 employee involved in this dispute
are respectively carrier and employe within the meaning of the Railway Labor Act
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.
On October
5, 1978,
Claimant reported for work and was asked by two special
agents investigating theft of Aatrak Commissary items if he had ever taken
anything from the area. He admitted he had consumed the Carrier's soft drinks and
cigarette on occasion. The agents then inspected the trunk of his car and found.
two cases of beer and a pipe wrench, all allegedly belonging to the Carrier. The
beer was "loose pack" type (not sold in retail establishments) bearing code numbers
only used on products sold to common carriers. The pipe wrench was marked with a
"GN", indicating it was Carrier property by virtue of a merger with a predecessor
railroad.
Although the Claimant argues that someone else roust have put the above items
in his trunk the record is clear that the trunk was locked when he opened it for
the special agents. Furthermore, the code numbers on the beer corresponded to those
on beer dispensed from the Amtrak Commissary. These facts and the overall record
have led the Board to conclude that the Claimant violated Carrier rules which
forbid dishonesty, withholding of information of any irregularity and theft, and/or
wnautmorizcu a.ispcsal of Carrier. property.
Form 1 Adard "lo. 9200
Page 2 Docket No. 8871
2-BN-CM-' 82
Having disposed of the matter on the merits, there is no need for the Board
to address procedural questions.
AW AR D
Claim denied.
NATICKAL RAILROAD ADJUSTMM BOARD
By Order of Second Division
Attest: Acting Executive Secretary
National Railroad Adjustment Board
2 -
BY
RIemarie Brasch - Administrative Assistant
Dated at Chicago, Illinois, this 22nd day of July, 1982,