Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD Award No. 11622
SECOND DIVISION Docket No. 11508-I
89-2-87-2-153
The Second Division consisted of the regular members and in
addition Referee Paul C. Carter when award was rendered.
(Grady Lee Tory
PARTIES TO DISPUTE:
(Southern Railway Company
STATEMENT OF CLAIM:
1. That Norfolk Southern Railway Company improperly and unjustly
dismissed Grady Lee Tory, a laborer at Chattanooga, Tennessee on July 28, 1986,.
2. That accordingly, Grady Lee Tory be restored to his assignment at
Chattanooga, Tennessee with all seniority rights unimpaired, vacation, health
and welfare benefits, hospital, life and dental insurance premiums paid; and
that he be compensated for all lost time plus ten percent interest payable
from July 28, 1986 to the date of disposition. Further, Mr. Tory demands contractual back pay owed from 1984 to 1986.
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 were given due notice of hearing thereon.
The record shows that on July 2, 1986, the Claimant, then employed as
General Shop Laborer at Carrier's System Assembly Shop, Chattanooga, Tennessee, entered a plea of guilty in U. S. District Court for the Eastern District
of Tennessee to two counts of a fourteen-count indictment charging violation
of Title 29 U.S.C. (United States Code), Sections 501 (c) and 439 (c). The
record shows that while serving as Financial Secretary-Treasurer of Local 711
of the International Brotherhood of Firemen and Oilers, the Claimant mishandled funds for the Organization by willfully and unlawfully converting
funds to his own use.
A preliminary investigation was conducted by Carrier's Assembly Shop
Assistant Superintendent on July 28, 1986, at the conclusion of which Claimant
was dismissed from Carrier's service. The Claimant requested a formal investigation, which was conducted on August 5, 1986. Following the formal investigation, Claimant's dismissal was affirmed on August 11, 1986.
Form 1 Award No. 11622
Page 2 Docket No. 11508-I
89-2-87-2-153
A transcript of the formal investigation conducted on August 5, 1986,
has been made a part of the record. We have reviewed the transcript and find
that none of Claimant's Agreement rights was violated. A major offense was
involved, and there was no violation of Rule 34(c) of the Agreement.
There was substantial evidence in the investigation that Claimant had
pled guilty to two counts of a fourteen-count indictment, verified by court
records introduced in the investigation.
Claimant was clearly guilty of dishonesty, which justified his dismissal from Carrier's service. It is a generally accepted tenet in the
railroad industry that dishonesty is a dismissal offense. (Second Division
Award 11124.) The Board finds no justification for interfering with the
discipline imposed.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Attest:
ancy j.
/V1--
Executive Secretary
Dated at Chicago, Illinois, this 11th day of January 1989.