Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11579
SECOND DIVISION Docket No. 11504
88-2-87-2-146
The Second Division consisted of the regular members and in
addition Referee John C. Fletcher when award was rendered.
(International Brotherhood of Electrical Workers
PARTIES TO DISPUTE:
(Burlington Northern Railroad Company
STATEMENT OF CLAIM:
1. That in violation of the current Agreement, Electrician L.
Chasson of Laurel, Montana was unjustly suspended and dismissed from service
of the Burlington Northern Railroad Company following an unfair investigation
held October 2, 1986.
2. That the Notice of Investigation failed to provide the required
advance notice of the precise charges for which Electrician Chasson stood
investigation and for which he was assessed discipline.
3. That the Burlington Northern Railroad Company failed to timely
respond to the claim of Employees, thereby defaulting on same.
4. That accordingly, the Burlington Northern Railroad Company be
ordered to make Electrician Chasson whole by restoring him to service with
seniority rights unimpaired, plus compensate him for all wages lost during the
period he was withheld and dismissed from service. That all vacation, holiday, retirement, health and welfare and all other benefits he is entitled to
under the Agreement and/or law which may have been lost or adversely affected
be restored and that all record of the investigation be removed from his personal 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.
Carrier's Police Department received a tip that Claimant had in his
possession, at his home, considerable numbers of Company tools and equipment.
Two Special Agents visited Claimant's home and after first being denied access
Form 1
Page 2
Award No. 11579
Docket No. 11504
88-2-87-2-146
to look over the premises were later given permission to search for BN property. As a number of items were uncovered, containing BN markings, Claimant,
when asked, either stated that he had purchased the item at a flea market or
did not know how it came into his possession. The Agents collected a number
of items with a value in excess of one thousand dollars.
Claimant was subsequently notified to attend an investigation on
charges of "possession and alleged theft of company material and equipment."
Following the investigation he was notified that he was determined to be
guilty of the charge and was dismissed from service.
We have carefully examined the transcript of the investigation and do
not find it procedurally defective so as to warrant our consideration that
Claimant was denied a fair and impartial hearing as contemplated by the Agreement. Also, as the matter was appealed on the Property, we do not find it to
be procedurally defective.
With regard to the testimony adduced at Claimant's investigation in
support of the charges we find that adequate evidence was developed to demonstrate that Claimant improperly had in his possession a considerable amount of
material and equipment that belonged to Carrier. We also find that his attempted explanation as to how he came into possession of these items lacks
credulity.
Proven thefts of Company property are serious breaches of conduct and
permanent dismissal is not considered excessive or inappropriate. In the
circumstances of this case the dismissal of Claimant will not be disturbed.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
-Nancy J.
Executive Secretary
Dated at Chicago, Illinois, this 31st day of August 1988.