Form 1 NATIONAL RAILROAD ADJUSTMENT BOARD
SECOND DIVISION
Award No. 13225
Docket No. 13072
98-2-95-2-95
The Second Division consisted of the regular members and in addition Referee
Herbert L. Marx, Jr. when award was rendered.
(Sheet Metal Workers' International Association
PARTIES TO DISPUTE:
(The Union Pacific Railroad Company
STATEMENT OF CLAIM:
"1. The Carrier violated the provisions of the current and controlling
agreement, and in particular Rule 37 of said agreement, when they
improperly dismissed Sheet Metal Worker, Randall Bryant on June
30, 1994. For violation of Rules 1.3.1., 1.6, 1.9, 1.19, and 1.25.
2. That accordingly, the Carrier be required to return Mr. Bryant to
service with compensation for all time lost and that he be made
whole for all benefits, such as, but not limited to, vacations, holiday,
seniority, medical and dental benefits and any other fringe benefit
he may have been deprived of due to his improper dismissal from
the service of the Carrier."
FINDINGS:
The Second Division of the Adjustment Board, upon the whole record and all the
evidence, finds that:
The carrier or carriers and the employee or employees involved in this dispute
are respectively carrier and employee 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.
Form 1 Award No. 13225
Page 2 Docket No. 13072
98-2-95-2-95
The Claimant was subject to an investigative Hearing concerning a charge of
appropriating Carrier property. Following the Hearing, the Claimant was dismissed
from service.
The evidence is overwhelmingly convincing that the Claimant had in his
possession a large variety of items belonging to the Carrier. His explanations as to his
possession of these items were contradictory and unconvincing.
There was discussion during the Hearing concerning the Carrier's policy of
permitting employees to borrow tools, etc. for personal use, but only when there is a
written sign-out for the items and on condition they be returned overnight or at least
promptly. The Organization relies on this procedure, and the Claimant apparently did
sign out for certain items. This, however, provides no basis for the Claimant's
possession of many items for which there is no record of any sign-out, nor is there any
basis for his retention of items for an extended period in instances where he did, or
claimed he did, follow the sign-out procedure.
These actions mark the Claimant as unacceptable for continued employment with
the Carrier and fully justify his dismissal.
WARD
Claim denied.
ORDER
This Board, after consideration of the dispute identified above, hereby orders that
an award favorable to the Claimant(s) not be made.
NATIONAL RAILROAD ADJUSTMENT BOARD
By Order of Second Division
Dated at Chicago, Illinois, this 30th day of March 1998.