NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-21495
Nicholas H. Zumas, Referee
(Brotherhood of Railway, Airline and Steamship Clerks
( Freight Handlers, Express and, Station Employes
PARTIES TO DISPUTE:
(Grand Trunk Western Railroad Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood, GL-
8065, that:
1. Carrier unjustly dismissed from the service Mr. T. Vice,
Valparaiso Operator, Valparaiso, Indiana, as a result of investigation
held on April 2, 1975, in which the-transcript failed to support the decision of the Carrier in dism
2. Carrier shall return Mr. Vice to service with all rights unimpaired, and compensate him for all w
OPINION OF BOARD: Claimant admitted to breaking and entering the Material
Discount Store in Valparaiso, Indiana in the early hours
of December 11, 1974, and removing a chair intending it for his owT use.
After hearing and investigation Claimant was dismissed from Carrier's service.
Claimant, through the Organization, seeks reinstatement and compensation for time lost contending th
actions warranted dismissal and brought discredit on the Carrier. The Organization further argues th
After a careful review of this record, the Board finds no basis
for overturning Carrier's action. It is a universally accepted tenet in
the railroad industry and elsewhere that dishonesty is a dismissable offense.
Whether or not Carrier's property was involved or that Claimant's action did
or did not reflect negatively on Carrier make no difference. Carrier has
the right to expect honest employes, and has no obligation to keep those,
who by their own admission, are not.
FINDINGS: The Third Division of the Adjustment Board, upon the whole record
and
all
the evidence, finds and holds:
That the parties waived oral hearing;
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;
Award Number 21334 Page 2
Docket Number CL-21495
That this Division of the Adjustment Board has jurisdiction
over the dispute involved herein; and
That the Agreement was not violated.
A W A R D
Claim denied.
NATIONAL RAILROAD ADJUSTMENT BOARD
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By Order of Third Division
ATTEST: 'G(/i
Executive Secretary
Dated at Chicago, Illinois, this 30th dap of November 1976.
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2 1970
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