NATIONAL RAILROAD ADJUSTMENT BOARD

- Award Number 23992

THIRD DIVISION Docket Number SG-238$2

Josef P. Sirefmaa, Referee

(Brotherhood of Railroad Signalmen
PARTIES TO DISPUTE:
(Burlington Northern Railroad Company

STATEMENT OF CIAIII: "Claim of the General Committee of the Brotherhood of Railroad Signalman on the Burlington Northern:

On behalf of Mr. T. F. Spells, former Signalman, Crew #135, who was dismissed as a result of formal investigation held on December 13, 1979, at Ottumwa, Iowa." (General Chairman file: C-80-218. Carrier file: SI-20 5/20/80)

OPINION OF BOARD: Claimant, T. F. Spells, A Signalman with some 19 years service
with the Carrier was served a notice of investigation "to
ascertain the facts and determine your responsibility in connection with theft and
selling of BN property...". An investigation was held on December 13, 1979 and
Claimant was dismissed from service on Jaava y 11, 1980. The organization seeks
reinstatement of Claimant to his position as Signalman.

A review of the record before the Board amply establishes through the testimony of the Special Agent, and Claimant's testimony and written statement that Claimant did take and sell some $500.00 worth of wire belonging to the Carrier. It is urged, however, that the penalty of dismissal was too harsh. Claimant, as a veteran employe, was aware that the Rules make dishonesty a dismissable offense. That Claimant made restitution after discovery by the Carrier of his involvement in the missing materials does not gainsay the clear impropriety of his preceediag actions. As Referee Yagoda observed in Third Division Award 22119:

"While we are not unmindful of the serious and final nature of discipline by dismissal neither can we forget that dishonesty in all of its shapes and sizes is a serious-

, matter which, when proven, this Board has repeatedly held to-be sufficient cause for dismissal."

. In view of the seriousness of Claimant's actions the penalty of dismissal was not unreasonable.

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;

r
- That the Carrier and the Employee involved in this dispute are

respectively Carrier and Employee 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

Award Number 239;12
Docket Number SG-238$2

That the Agreement was not violated.

A W A R D

Claim denied.

Attest: Acting Executive Secretary

National Railroad Adjustment Board

Page 2

NATIONAL RAILROAD AIITUSTNENT BOARD
By Order of Third Division

By t:~. e ;a~

Rosemarie Brasch - Administrative Assistant

Dated at Chicago, Illinois, this 17th day of September 1982.

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