C:\MYDOCU~1\SCHEDU~2\3-22387.htm

NATIONAL RAILROAD ADJUSTMENT BOARD

Award Number

2238`,

THIRD DIVISION Docket Number W-22331

Louis Yagoda, Referee

(Brotherhood of Maintenance of Way Employes PARTIES TO DISPUTE: (Illinois Central Gulf Railroad

STATEMENT OF CLAIM: "Claim of the System Committee of the Brotherhood
that:

(1) The dismissal of Trackman W. E. Jones was without just and sufficient cause and was extremely disproportionate to the offense with which he was charged (System File Mi-228-T-76/134-296-342 Spl. Case No. 1071 MofW).

(2) The claimant shall be restored to service with all rights unimpaired and that he be paid for each day that he was not allowed to return to work beginning with the date he is released by his doctor, stating that he is able to resume his duties with the Illinois Central Gulf Railroad."

OPINION OF BOARD: Our study of the record and of the argument made
thereon and therefrom by the parties leaves us
convinced that Carrier acted on well-supported grounds developed through
fair and impartial hearing in finding Claimant guilty of the offense
charged. The nature of the act charged (the removal to his home of
two gas cans from railroad property) has far more serious consequences
on the essential trustworthiness of this individual for future employ
ment here than the monetary worth of the articles involved.

When consideration is also taken - as it is pertinently permissible to do - of Claimant's earlier adverse record during his five years of active service in the employ of Carrier, there is no. basis for altering Carrier's imposition of the dismissal penalty.

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;

Award Number 22387 Page 2

Docket Number MW-22331

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 That the Agreement was not violated. A W A R D Claim denied NATIONAL RAILROAD ADJUSTMENT BOARD By Order of Third Division ATTEST: 44~;auzale Executive Secretary Dated at Chicago, Illinois, this 16th day of April 1979. w .