TRANSPORTATION-COMMUNICATION EMPLOYEES UNION
(Formerly The Order of Railroad Telegraphers)
THE ATCHISON, TOPEKA AND SANTA FE
RAILWAY COMPANY
(Coast Lines)
STATEMENT OF CLAIM: Claim of the General Committee of The Order of Railroad Telegraphers on the Atchison, Topeka & Santa Fe Railway, that:
OPINION OF BOARD: Claimant, who had established seniority as telegrapher on April 13, 1961, was dismissed from service on November 23, 1962, for having used Carrier's telephone to make long distance calls of a personal nature without paying for them.
The record leaves no doubt but that during September, 1962, while working as relief telegrapher, Claimant made toll calls on three occasions, charged them to Carrier and made no effort to reimburse Carrier in the meantime. We are unimpressed by Petitioner's procedural objections since there appears to be no real dispute regarding the basic facts. In our opinion, Claimant was afforded a fair hearing prior to his dismissal.
There is at least some question, however, as to whether Claimant was not being careless rather than dishonest in the matter of the telephone calls. In view of that fact and his relative youth and inexperience, we believe that the discipline meted out was too severe. A lengthy suspension, amounting
to over 2'%z years, would seem to be ample disciplinary action and should have appreciable deterrent value.
We will direct that Claimant be reinstated to his former position with seniority rights unimpaired but without back pay or compensation of any kind for the period he will have been withheld from service (i.e., from November 23, 1962, to date of reinstatement).
FINDINGS: The Third Division of the Adjustment Board, upon the whole record and all the evidence, finds and holds:
That the Carrier and the Employes involved in this dispute are respectively Carrier and Employes within the meaning of the Railway Labor Act, as approved June 21, 1934;
That this Division of the Adjustment Board has jurisdiction over the dispute involved herein; and
Claimant should be reinstated with seniority rights unimpaired but without back pay.