Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11322
SECOND DIVISION Docket No. 9592
2-GTW-CM-187
Tie Second Division consisted of the regular members and in
addition Referee Rodney E. Dennis when award was rendered.
(Brotherhood Railway Carmen of the United States
( and Canada
Parties to Dispute:
(Grand Trunk Western Railroad Company
Dispute: Claim of Employes:
1. That the Grand Trunk Western Railroad Company violated the controlling agreement when Cayman William E. Boyd, was assessed a thirty (30)
calendar day suspension as a result of investigation conducted on May 1, 1981.
2. That accordingly, Grand Trunk Western Railroad Company be ordered
to compensate Cayman William E. Boyd for the thirty (30) calendar day suspension and make him whole for all benefits and privileges he would have
received during suspension, and remove such discipline from his service record.
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.
Claimant is a Car Inspector in Carrier's service at Pontiac, Michigan. On April 1, 1981, he was attempting to exit General Motors Corporation
property when his vehicle was stopped at the gate by guards for a routine inspection. During that inspection, two radio speakers of the type being installed in General Motors trucks were found in a storage section of his vehicle. The General Motors Security Department reported the incident to Carrier
officials. Claimant was thereupon removed from service and an investigation
into the matter scheduled. A Hearing was held on May 1, 1981, to determine
the responsibility of Claimant. As a result of that Hearing, Claimant was
found guilty as charged (violations of Rules 11(c) and (d)):
"11. (c) The unauthorized possession of, removal
or disposal of, any material from company
property or property served by the company is prohibited.
Form 1
Page 2
Award No. 11322
Docket No. 9592
2-GTW-CM-'87
(d) Employes finding any material or object
must not attempt to transport or carry such
material or object to any facility for the
purpose of giving it to a supervisor unless
authorized to do so. Unauthorized possession
of material for the alleged purpose of safekeeping will not be considered a valid reason
for noncompliance with these instructions."
Claimant was found guilty as charged and was assessed a thirty-day
suspension without pay.
This Board has reviewed the record and agrees that Claimant was
guilty as charged and that a thirty-day suspension is lenient by any standard.
Claimant stole from a Carrier customer. Such behavior cannot be condoned by
anyone, even employes with good past records such as Claimant.
A W A R D
Claim denied.
40~
Attest:
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Nancy .ever - Executive Secretary
Dated at Chicago, Illinois, this 26th day of August 1987.