Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 10002
SECOND DIVISION Docket No. 9382
2-IHB-FO-'84
The Second Division consisted of the regular members and in
addition Referee Herbert L. Marx, Jr. when award was rendered.
( International Brotherhood of Firemen and Oilers
Parties to Dispute:
( Indiana Harbor Belt Railroad
Dispute: Claim of Employes:
1. That, in violation of the current agreement, Laborer Michael W. Lloyd
was unjustly dismissed from service of the Carrier following trial held
on May 27, 1980.
2. That, accordingly, the Carrier be ordered to make the aforementioned
Michael W. Lloyd whole by restoring 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 j10%J 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 employes involved in this dispute
are respectively carrier and employes 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.
Following an investigative hearing, the Claimant was dismissed from service
on the
following
charge:
"Attempted theft at the Gibson Storehouse and leaving
your assigned working area without the permission of your
immediate supervisor, Mr. E. Krejci, at approximately
3:43 PM on May 13, 1980."
Despite some vigorous questioning by the hearing officer, the Board finds the
hearing was conducted in a fair and proper manner.
Form 1 Award No. 10002
Page 2 Docket No. 9382
2-IHB-FO-184
The Claimant was found away from his assigned work place and in an area where
tires are stored. He could provide no reasonable explanation for his presence
there, and indeed did change his story as to his supposed purpose in that location.
There can be no doubt that this short service employe (four months) was
improperly away from his work area. Suspicion as to his intentions concerning the
tires is well founded, but there is no demonstrated proof of actual removal of
tires from the Carrier.
In view of this, the Board finds the penalty of dismissal unduly harsh.
A W A R D
Claim sustained to the extent that the Claimant shall be offered reinstatement
with seniority but without back pay or retroactive benefits when and if his
seniority permits.
NATIONAL RAILROAD ADJUSTMENT BOARD
. By Order of Second Division
l
Attest:'___.._,.,i'
Dever - Executive Secretary
Dated at Chicago, Illinois, this lst day of August 1984.