NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22746
(Brotherhood of Railway, Airline and
( Steamship Clerks, Freight Handlers,
( Express and Station Employes
PARTIES TO DISPUTE:
(The Chesapeake and Ohio Railway Company
STATEMENT OF CLAIM: Claim of the System Committee of the Brotherhood (GL-8669)
that:
(a) The Carrier assessed excessively harsh discipline when they
dismissed Claimant George C. Jenkins from service as a result of investigation
or hearing held on April 13, 1976.
(b) Claimant Jenkins be restored to service with all rights
unimpaired.
OPINION OF BOARD: Claimant had approximately twenty-one years of service
with the Carrier. On April 7, 1976, he was assigned
to an Extra Lift Truck Operator position at Carrier's Merchandise Pier in
Newport News, Virginia, with hours of 4:00 p.m. to 12:00 midnight.
On April 8, 1976, claimant was notified to attend an investigation
scheduled for 10:00 A. M., April 13, 1976, on charge of:
" theft of ten cartons of cigarettes during your
tour of duty 4:00 p.m. to 12 Midnight on Wednesday,
April 7, 1976."
The investigation was held as scheduled. A copy of the transcript
of the investigation has been made a part of the record. There was substantial
evidence adduced at the investigation, including the admission of the claimant,
in support of the charge. On April 20, 1976, claimant was notified of his
dismissal from the service.
The Board has carefully reviewed the entire record, including
the transcript of the investigation. We find that none of claimant's substantive procedural rights w
a fair and impartial manner.
It is a generally accepted tenet in the railroad industry that
dishonesty is a dismissal offense. Long service does not mitigate the
seriousness of such an offense.
Award Number 22791 Page 2
Docket Number CL-22746
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;
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 BQABD
By Order of Third Division
ATTEST:
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Dated at Chicago, Illinois, this 31st day of March 1980.