NATIONAL RAILROAD ADJUSTMENT BOARD
THIRD DIVISION Docket Number CL-22780
(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-8683)
that:
(a) The Carrier assessed excessively harsh discipline when they
dismissed Claimant Frank R. Tillett from service as a result of investigation
or hearing held on April 13, 1976.
(b) Claimant Tillett be restored to service with all rights
unimpaired.
OPINION OF BOARD: Claimant had been in Carrier's service about twenty-one
years. On April 7, 1976, he was assigned to an Extra
Lift Truck Operator position at Carrier's Merchandise Pier, Newport News,
Virginia, hours 4:00 p.m. to 12:00 midnight.
On April 8, 1976, he was notified to attend an investigation
scheduled for 9:00 A.M., Tuesday, April 13, 1976, on charge of:
" theft of twenty-two 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 t
claimant, in support of the charge. On April 21, 1976, claimant was
notified of his dismissal from service.
The Board has carefully reviewed the entire record and finds
that none of claimant's substantive procedural rights was violated.
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 22793 Page 2
Docket Number CL-22780
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 BOARD
By Order of Third Division
ATTEST:
Executive Secretary
Dated at Chicago, Illinois, this 31st day of March 1980,