NATIONAL RAILROAD ADJUSTMENT BOARD
Form 1 SECOND DIVISION Award No. 12573
Docket No. 12517
93-2-92-2-35
The Second Division consisted of the regular members and in
addition Referee Eckehard Muessig when award was rendered.
(International Brotherhood of Firemen and
(Oilers
PARTIES TO DISPUTE:
(Grand Trunk Western Railroad Company
STATEMENT OF CLAIM:
"1. That under the current and controlling
agreement, Firemen and Oiler C. J.
Smolinski was unjustly suspended from
service on December 17, 1990 and later
dismissed February 20, 1991 following an
investigation held on February 14, 1991.
2. That accordingly, C. J. Smolinski be
returned to service, compensated for all
wages lost, plus interest at the prime
rate, and made whole for any and all
losses incurred and reimbursed for any
and all losses that are a condition of
employment by contract or law."
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 employe 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.
Subsequent to a Hearing, the Claimant was found guilty of.
violating Rule 11(c) of the Carrier's General Rules which-states:
"The unauthorized possession of, removal or"
disposal of any material from Company property
Form 1
Page 2
Award No. 12573
Docket No. 12517
93-2-92-2-35
or property
prohibited."
served by the Company is
The transcript of the Hearing shows that the Claimant admitted
that he had taken brass and plywood that belonged to the carrier.
Therefore, in this instance, the only remaining issue before the
Board is the question of the quantum of discipline assessed by the
Carrier, because the Board is not empowered to grant leniency.
This Board, as well as others in this industry, have rendered
numerous Awards upholding the dismissal of employees for
dishonesty. The Carrier has the right to expect that its employees
will not steal and will be honest. It has no obligation to retain
in its service those, who by their own admission, are not.
A W A R D
Claim denied.
Attest:
Oaxl~
Catherine Lough ii- - nterim Secretary to the Board
Dated at Chicago, Illinois, this 8th day of September 1993.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division.
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